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HomeMy WebLinkAboutItem 7.2 Prohibit CC Political Activity c~rv Cl1E~~ fD~e # D~[][Q]c~[Q] AG IEINlIDA 51 A lEMlElNlT C~1Y COUINlC~l MlElET~INlG IDA irE felb!n,llSlry 19, 20108 SUBJEC1' A 1'1' ACHMEN1'S RECOMMENDATION ~ ]FINANCiAL S1'A1'JEMEN1' None ResolutIOn Amendmg and Restatmg the Rules for the Conduct of Meetmgs of the CIty CounCIl to ProhibIt PolItIcal ActivItIes by CouncIlmembers Dunng CounCil Meetmgs and Makmg Other Non- Substantive Changes to Conform to State Law, ResolutIon Prolubltmg PolItical ActIvIties by CouncIlmembers at the CIVIC Center and \Vlule Representmg the CIty m an OffiCIal Capacity Report Prepared by John Bakker, ASSIstant Cay Attorney 1 December 4, 2007 Staff Report on Item 8 5 (mc1udmg ResolutIOn 156-01 [Rilles for Conduct of Meetmgs of the City CounCIL]) Proposed ResolutIOn Amendmg and RestatIng the Rules for the Conduct ofMeetmgs of the CIty CounCIl (Replacmg ResolutIOn No 156-01) Markup of Key ReVISIons to Rules for Conduct of CounCIl Meetmgs Proposed ResolutIOn ProhibItIng Counctlmembers from Engagmg m PolItIcal ActIvities at the CIVIC Center and WhIle RepresentIng the City In an OffiCIal Capacity 2 3 4 1 Adopt ResolutIOn Amendmg and Restatmg the Rules for the Conduct of Meetmgs of the CIty CounCil Adopt ResolutIOn Prohlbltmg CouncIlmembers from EngagIng In Pohtlcal ActIvltles at the CIVIC Center and WhIle Representmg the CIty 10 an OffiCIal CapaCIty 2 DlESCRlIP1'HON At the November 20,2007 City CouncIl meetIng, VlCe Mayor Hildenbrand requested that an Item be placed on the agenda for the CIty CouncIl to conSIder whether to dIrect staff to prepare an amendment to the Rules for the Conduct ofMeetmgs of the CIty CouncIl to prohIbIt polItical actIVities by council members durIng City CouncIl meetIngs At the December 4,2007 CIty CounCIl meetmg, the CIty CouncIl directed staff to return WIth resolutlOfis prohlbltmg councllmembers from engagmg 10 polItIcal actIvltles (a) dUrIng counCIl meetIngs, (b) at the CIVIC Center, and (c) when representmg the CIty m an offiCIal capaCIty COPY'fo. Page 1 of2 liTEM NO. 1 L v State law specifically authoflzes the CIty to adopt the proposed restnctlons It specifically states that the City can adopt rules and regulations that o ProhIbIt or restnct officers and employees from engagmg m polItIcal actlvltles dunng working hours o ProhIbit or restnct polItlcal actIvItIes on the premIses of the City (Gov Code, S 3207 ) Smce the Rules for the Conduct of Meetmgs of the City Counctl only apply to City Councll meetmgs, and smce the proposed restrIctions woilld apply outsIde of City CouncIL meetIngs, staff has prepared two resolutions for the CouncIl's consideratIOn The first would amend and restate the Rules to prohIbit polItIcal activIties at councrl meetmgs The newly added language IS found at sectIOn 17 of the proposed resolutIOn restatmg the Rules To ensure that the CouncIl could contmue lts practlce oftakmg posltIons on ballot measures and state and federal legislatIOn, the proposed language states that It does not prevent the CIty CounCIl from takIng such pOSItIons In addItIon, conSlstent WIth the CIty Attorney s MUnICipal Code Update project, staff reVIewed the Rules for conformity WIth state law and the City's MunICIpal Code In sectlOn 4, It IS proposed to delete certam language that descnbes VarIOUS aspects of the Mayor's role (see Attachment 3) In general, these provISIons are proposed for deletIon because they are unrelated to the general subject matter of the resolution, WhICh IS CIty CouncIl meetmgs In addltIon, several of the provlSlons are dealt Wlth elsewhere m the MunICIpal Code or state law For example, the sentence descnbmg the role of the Mayor durmg emergencies IS mconsIstent WIth the provIsIOns of Chapter 2 44 of the CIty'S M unlCI pal Code, whIch more specIfically sets out the role of the Mayor, the City CouncIL, and other CIty officers m the event of an emergency In additIon, state law provides that the Mayor IS among those upon whom legal complaInts and petItIOns may be served (See Code of CIV Proc, S 416 50 ) We propose two changes to sectIOn 9 of the Rules, which deals wlth the CIrcumstances under which Items not on the posted agenda can nonetheless be considered at a council meetmg The first change clanfies that, If only four councll members are present at a councIl meetmg, three rather than four votes are reqUired to add an urgency Item to the agenda The prevlOus verSIOn of the Rules reqUired four votes, which went beyond what the Brown Act reqUIres The second change clanfies that, as reqUired by the Brown Act, only ltems that are contmued from a prevIous meetmg may be consIdered If they are not on the agenda The second resolutIOn would Implement the prohlbltlOn on councIlmembers engagmg In polItICal actlvItles at the CIVIC Center and wlule representmg the CIty m an offiCIal capacIty To ensure that the directIOn proVided by the CouncIl at the December 4, 2007 meetmg was reflected 10 the polIcy, Staff added a sentence IndIcatmg that "representmg the CIty In an officml capacity" IS lImited to those circumstances In which the CIty CounCil has delegated the authonty to a member of the City Council to act on behalf of the CIty or to represent the City RECOMMENDA1'KON Staff recommends that the CIty CouncIl (a) Adopt ResolutIOn amendmg and restatIng the Rules for the Conduct of Meetmgs of the CIty CounCil and (b) Adopt Reso 1 utlOn prohl bItmg councIl members from engagIng III polItICal actIvItIes at the CIVIC Center and whIle representmg the City III an offiCIal capacIty ;)~~ C~l'Y CllERK/ Fore # D~[I][QJ..~~ 16J2D AGENDA STATEMENT errv COUNC~l MEET~NG DATE December 4,2007 SUBJECT ConSlderatlOn of an Amendment to the Rules for the Conduct of Council Meetmgs to Prohibit PolItical ActIVItIes at CIty Council Mcetmgs Report Prepared bv John Bakker, Assistant City Attorney ATIACHMEN1'S Resolution 156-01 (Rules for Conduct of Mcetmgs of the City Council) RJECOMMlENDA'fION~~. _lL Consider Vice Mayor Hildenbrand's request to amend the Rules for v ft~ the Conduct of Mcetmgs of the City Council to prohIbit political actlvltles by council members durmg CIty Council meetmgs FINANCIAlL STATEMENT The preparatlon of a modIfic.atlOn ofthc City CounCIl's rules would not exceed 5 hours of legal services dependcnt upon the directIon of the Council ][)]ESCRlIMION At the November 20, 2007 City Council meetmg, Vice Mayor HIldenbrand requested that an Item be placed on the agenda for the CIty Council to conSIder whether to direct staff to prepare an amendment to the Rules for the Condu(,.t of Meetmgs of the City Council to prohIbit polItIcal activIties by counCIl members dunng City CouncIl meetmgs State law speCifically authonzes the City to adopt rules and regulatIons that o ProhIbit or restrIct officers and employees from engagmg 10 pohtIcal actIVitIes dur10g workIng hours o Prohtblt or restnct polItIcal actIVities on the premises of the City (Gov Code, ~ 3207) Accordmgly, as the members of the City CounCil are CIty officers, and council meetIngs are presumably conSIdered "workmg hours" and m any event take place on CIty premises, state law speCifically authOrIzes the CounCil to amend the Rules for the Conduct of MeetIngs to adopt such a prohIbItiOn RECOMMJENDA1I'ION ConSIder Vice Mayor Hildenbrand's request to amend the Rules for the ~~;~-:;~ ---------------------~ag:::~----------r~:Ir~ ~c~~:1r7 \ Conduct of MeetIngs of the CIty CouncIl to prohibIt political actlvltlCS by counCIL members dunng CIty Counc11 meetmgs and provide staff with appropnate duectiOn tJ 6J!l .-. C/) ~oZO R1ESOlLUTION NO 156 - 01 A RlESOLU1I10N OF 1I'lHIlE CH1I'Y COUNCHlL OF THE CJl1fY OF [}'[]]IUJN ********* EST ABlLUSJHDrNG RUlLES FOR TlHIE CONDUCT OF MEETiNGS o IF 1'lHIJE: CJIn CO UNCIlL (]REPLACING RlEOOlLmnON NO. 93-96) WHEREAS, the COunCIl'S Rules ofConrluct, as adopted by ResolutIon No 93-96, are hereby replaced to change the tune for holdlmg Closed SesslOns, beBJnmng wrth the first meetmg m September, 2001 NOW, THEREFORE, BE IT RESOLVED that all other preVIous rules related to the conduct of meetIngs of the CIty COunCll are restated, as follows 1 R]EGUlLA!R MElE1I1NGS a 1I'nme Regular meetmgs of the CIty Councll shall be held on the first and tlnrd Tuesday of each month at the hour of 7 00 pm, except that Closed SessIon Items shall be !held at 6 30 P m Whenever the day fixed for any regular meetIng of the CouncIl falls upon a day deSlgnated as a hohday, such meetIng willlbe held at the same bom on the next succeedmg day not a hohday b PRace All regular meetmgs of the COunCll shall be held at the CIVIC Center. as deSIgnated by Ordmance C IPunbbc All meetIngs of the Councll sball be open to fthe pubhc, proVided, !however, the City CouncIl may hold closed sesslOns as prOVIded by the laws of the State of CalIforma 2 SI?lEClIAlL MJElETlINGS A speCIal meetmg may be ordered at any tune by the Mayor whenever m lns/her opuuon the pubbc busmess may reqwre It or upon the wntten request of any three members of the CouncIl Whenever a special meetmg shall be called, wntten nobce of such meebng shall be delIvered personally or by any other means by the CIty Clerk to each member of the COWlCIl and to each local newspaper of general cuculatJ.on and radlo/teleViSlOn statton requestmg notice m WIltmg Such notlce must be delIvered at least twenty-four (24) hours before the tune of such meetmg as specrlied m the nonce The notIce shall speedy the tune and place of the specIal meetIng and ilie busmess to be transacted or chscussed No other busmess shall be consIdered at such meetings by the CouncIl lfor;20 The agenda for speCial meetmgs shall contam the mformanon set forth m SectIon 3 a - d below At least twenty-four (24) hours before each specIal meetmg, the City Clerk shall post a copy of the agenda, mcludmg the call and nonce of the special meetmg at the same locatJon IdentIfied m SectIon 3 below 3 AGENDA In order to facilitate the orderly conduct of the busmess of the Conncll, the City Clerk shall be notIfied no later than 11 00 am, on the Tuesday nnmewately precedmg a regular Councll meetIng of all reports, commumcatlons:> ordInances, resolutIons:> contract documents or other matters to be subnntted to the COtnlCll at such meetmg ImmedIately thereafter, the City Clerk shall arrange an agenda of such matters accordmg to the order of busmess and furnIsh each member ofabe Councu, the CIty Manager:> City Attorney, City Department Heads and Staff WIth a copy of the agenda packet pnor to the Counctl meetmg and as far ill advance of the meetIng as tune for preparatIOn will pell1lIllt The agenda prepared by the CIty Clerk shall, at a numm~ mclude a Thed~eofthemeetmg b The tune of the meetmg c The locatIon of the meetIng d A boef general descnptlolll of each Item of busmess to be transacted or dltscussed at the meetmg e Specmed penod of tune for members of the pubhc to address the COlIDCII on Items of mterest to the pubhc that are mtbm the JoosdJ.ctJ.on of the Counc1l, mcludmg a prOVISIon that no person may speak longer than five (5) mmutes, and mcludmg language that the Counctl can only bnefly respond WIth questIons:> refer to Staff, or place on a future agenda f A spectfied SectlOD under wlnch Counctlmembers and Staff may present mfonnal:lonal only reports At least seventy-two (72) hours before each regular meetm& the CIty Clerk shall post a copy of the agenda m the K.1Osk m front of the CIV1C Center located at 100 CIVIC Plaza, Dublm, Cahforma The CIty Clerk shall execute a declara1ton of posbng winch shall be filed m 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 wInch coo reasonably be expected to generate no mscuSSIon by members of the CIty COunCll:> City Staff or mterested persons m the audtence The COunCll shall coDSlder all of the Items on the Consent Calendar porbon of " , r;fJ)) the agenda at one tune by a vote after a motoD has been duly made and seconded If any member of the City CounCll, City Staff or mtercsted person m the auchence requests that a consent Item be removed from the Itst, such Item shall be taken up for consIderatIon and dtsposltlOn m the order lIsted on the agenda 4 I?lRESIDING OlFlF][ClElR The Mayor shaIn presIde at all Clty COunCll meetIngs and perfonn such other dutIes conSIstent WIth lnslher office as may be lIIlposed by the Councll The Mayor shall be entItled to vote, but shall possess no veto power The Mayor shall be recogmzed as the offiCIal head of the City for all ceremomal purposes, by the cowts for the purpose of servmg CIVIl process and by the Governor for military jptnrposes In the tune of pubhc danger or emergency, the Mayor, With the consent of the CounCil, shall cause order to be mamtamed and enforce laws The Mayor shall preserve smct order and decorum at all regular and speCIal meetIngs of the COUDcll The Mayor shall state evety questJ.on commg before the COWlcll, call for the vote, announce the decISIon of the COUDCll on all subjects and deCIde all questIons of order, subject however, to an appeal of the Counctl, m wluch event a maJonty vote of the COunCll shall govern and conclUSIvely detenmne such questJon of order The Mayor shall Slgn all Ordmances adopted by the Council dunng lnsIher presence In the event of the absence of the Mayoll', the Mayor Pro Tempore shall SIgn Ordmances as then adopted 5 CAlLlL 1[0 OllIDlElR The Mayor, or m lnslher absence, the Mayor Pro Tempore, shall take the charr precisely at the hour appomted for the meetIng, and shal1lDlIDed1ately call the Counctl to order In the absence of the Mayor or Mayor Pro Tempore:> the City Clerk shall call the Councll to order. whereupon a tellljporary charr shall be elected by the members of the CouncIl present Upon the amval of the Mayor or Mayor Pro Tempore, the temporary charr shall mnnedIately relmqUlSh the chmr upon the conclUSion of the busmess unmed1ately before the COlmell 6. A TIlENDANCE Before proceedmg With the busmess of the Counctl, ahe City Clerk: shall enter mto the mmutes, the names of the members present or absent No formal roll call need be taken '2 b1JfJ 7 QUORUM A maJonty of the members of the Counell shall constItute a quorum for the transactIon of bus mess, but a lesser nwnber than a quorum may adjourn from tune to tune The COlUlClI may adjourn any regular, adjourned regular, specIal or adjourned Special meetIng to a tune and place specIfied m the order of adjournment If all members are absent from any regular or adjourned regular meetIng, the Clty Clerk may declare the meetIng adjourned to a stated tune and place If he/she does, he/she shall cause wntten notice of the adJommnent to be gIVen m the same manner as prOVIded for specIal meetIngs A eopy of the order or nouce of adjournment shall be posted m the CiVIC Center KIOsk and other places deSIgnated by the Councd Wlthm twenty-four (24) hours after the tnne of adjournment Whenever a regular or adjourned regular meetIng IS adjourned as proVlded m th1s sectJon, the resultmg adjourned regular meetIng IS a regular meetmg for all purposes When am order of adjournment of any meetIng falls to state the hour at whIch the adJomnment meetmg shall be held, It shall be held at the hour speCIfied for regular meetIngs 8 OIlIDlER OF lBlUSnNJESS Promptly at the hour set on the day of each regular meetIng, the members of the Counell, CIty Clerk ( or DesIgnee) and CIty Manager (or DeSIgnee) shall take thelT regular statIons m the Connell Chambers and the busmess of the CouneLl shall be taken up for consIderabon and dlsposluon m the followmg order except that With the tmammous consent of the CounCll, matters may be taken up out of order o Call to OIrder (Closed SeSSIon) o Call to Order & Pledge of AllegIance to the Flag o Report on Closed SeSSiOn ActIon o Oral Commumcabons o Consent Calendar o Wntten CommumcatlODS o PublIc Heanngs o Unfimshed Busmess o New Busmess o Other Busmess (CounelllStafIInformatlonal Only Reports/Matters Too Late for the Agenda) o Adjournment 9 MA TIlERS 1'00 lLA 1rE FOR mE AGJENlIlA a No action or mscusslOn shall take place on any Item not appeanng on the agenda for a regular meetmg as poste~ unless (1) The CIty CO\D1Cll detenmnes by maJonty vote that an emergency SItuatIOn eXists, as defined ill Govenunent Code Sectton 54956 5, A I? (2) The City COunCll determmes by vote offoUT (4) out of five (5) members (or by a unammous vote of the members of the CouncIl Jf only 4 or only 3 members are present) that there 18 a need to take munedlate acnOD and that the need for actIon came to the Councd's attentlon after the agenda was posted, (3) The Item was mcluded m a posted agenda for a pnor meetmg held not more than five (5) calendar days pnor to the meetIng at wInch the Item IS acted upon b When an Item not on an agenda IS raIsed by a member of the pubhc, the CIty CouncIl may bnetly respond, may ask questnons for clanficabon, proVIde a reference to Staff or other resources, or request Staff to report back at a subsequent meetIng Fwthennore, a member of the City COUDcll may take actIon to place a matter of busmess on a future agenda 10 REAl[)[NG OlF MOOJ1rES Unless the readmg of the nunutes of a CouncIl meeting IS requested by a member of the Counctl, such mmutes may be approved WIthOut readIng 1f the City Clerk has preVIously furnIshed each member With a copy thereof l 11.11. RUlLES OlF ]I)]EBA 1I1E a Presldmg Officer may debate The Mayor or such other member of the COWlcd as may be presubng may move, second and dlebate from the chm, subject only to such lumtatlons of debate as are by these rules unposed upon all members He/she shall not be depnved of any of the nghts and pnVIleges ofa Counc1lmember by reason oflluslher actmg as the Presl<lmg Officer b Gettmg the floor Every member desmng to speak shall address the Mayor, and upon recogmtlOn by the Mayor, shall confine hunselflherself to the quesnon under debate c Interrupbons A member once recogmzed, shall not be mterrupted when speakmg unless It be to call hunlher to order, or as herem otheJWlse proVIded If a member, wlule speakmg, be called to order, he/she shall cease speakmg WltIl the questIOn of order be dletermmed, and If m order, he/she shall be penmtted to proceed d Pnvtlege of closmg debate The Counctlmember movmg the adopnon of an Ordinance or Resoluoon shall have the pnvtlege of closmg the debate e MotlOn to reconsider A monon to reconsIder any achon taken by the Counctl may be made at any tIme Such a monon must be made by one of the prevalhng SIde, but may be seconded by any member, and may be c B~,JJl made at any tIme and have precedence over all other motIons or wtnle a member has the floor, It shall be debatable N othmg herem shall be construed to prevent any member of the Councd from malong or remakmg the same or other motion at a subsequent meetIng of the COlJDcIl f Remarks of CouncIlmember A CouncLlmember may request through the Mayor, the prnvIlege ofhavmg an abstract ofluslher statement on any subject under consIderation by the CounClI entered ill the mmutes If the CouncIl consents thereto, such statement shall be entered m the mmutes g SvnOOSlS of Debate The CIty Clerk may be drrected by the Mayor WIth the consent of the CouncIl, to enter m the mmutes a SynOpSIS of the diSCUSSIon of any questIon commg regularly before the Council b Rules of Order Except as othelWlse prOVIded m thIs Resolunon, the ClUTent edloon of ''Roberts Rules of Order" shall govern the conduct of the meetmgs of the CIty COWlcd 12 AIDllIllRlESSING 'flH[E COlUNCXJL Any person desmng to address the CouncIl at a meetIng shall first secure the permISSIOn of the Mayor to do so, prOVided, however, that under the followmg headmgs of busmess, any quahfied and mterested person shall have the nght to address the CouncIl upon obtauung recogmtlon by the Mayor a Wntten Commumcattons Interested persons or therr authonzed representatlve may address the CouncIl by wntten cotnmtmlcatton on amy matters concermng the CIty'S busmess, or any matters over whIch the CounCIl has control Such wntten conunumcabon shall be dehvered to the CIty Clerk no later than 11 00 am, of the Tuesday unmedtately precedmg the regular CouncIl meetIng for winch such wntten conunumcanonIS mtended b Oral Commumcanons Interested persons m the audIence or theIr authonzed representatives may address the CouncIl by omU commumcatIons on any matters over winch the CouncIl has control, prOVIded, however, that preference shall be given to those persons who have notdiied the Crty Clerk ill advance of therr desrre to speak m order that the same may appear on the agenda of the Counctl 13 AJI)lDRlESSllNG 11HIlE COUNClllL AFlfElR MOTION IS MADE After a motIon IS made by the Counctl, no person shalll address the CouncIl WIthout first secunng the pemnsslOn of the Mayor to do so &. q o;f Ji) 14. MANNER Of AJI)][)JImSS][NG COUNCIL Each person addressmg the COlllUID shall stand at the podIUm, and give hts/her name and address m an audIble tone of VOIce for the record A Speaker Shp shall be completed m order to faclhtate preparation of the mmutes All remarks shall be addressed to the CounCJl as a body and Illot to any member thereof No person, other than the CouncIl and the person havmg the floor shall be penmtted to enter mto any dIscussIOn, eIther drrectly or through a member of the Counctl, WIthout the pemussIOn of the Mayor No questJ.on shall be asked a CouncJ.bnember except through the Mayor 15 VOTlING a Members of the Counc11 shall vote by a "vOIce vote" on all Ordmances, Resolutlons and other matters, tmless a roll call vote IS reqwred by law or IS requested by a COlllllctlmember Stlence shall be recorded as an affinnatlve vote The Mayor shall announce the result of the vote The CIty Clerk shall show on Ordmances and ResoluDons, the names of Counctlmembers votIng "Aye" and "No" b The vote on any matter bemg consIdered by the Counctl may be delayed by the Mayor unbl all members of the COUDCtl present for a meetmg, and not excused as herem prOVIded, are present at the CounCll daIs c A member of the CouncJl who has a confhct of mterest regardIng any matter bemg consIdered by the CouncIl shall declare the confuct and excuse hnnselflherself from partICIpatIng ill the CouncIl's dehberauons and deCISIOns regardmg that matter 16 OIIUllER AND DECORUM a Bv Counc1lmembers Wlnle the CouncIllS m seSSion, the members must preserve order and decorum, and a member shall neither by conversatlon or otherwIse, delay or mtermpt the proceedmgs or the peace of the COlDlCIl nor dIsturb any member wlnle speakmg or refuse to obey the orders of the Counctl or Mayor, except as otherwise herem proVIded b Bv Persons Any person makmg personal, IDlpertment, or slanderous remarks or who shall become bOIsterous wlnle addressmg the Counctl or who shall by conversatlon or othelWlse, delay or mterrupt the proceedmgs or the peace of the COUDcll or dIsturb any member whIle speakmg or refuse to obey the orders of the COUDell or the Mayor shall be fOrthWIth, by the Mayor, barred from further auruence before the cmmcll, Wlless penmsslon to contmue IS granted by a maJonty vote of the COWlCtl c Enforcement of Order and Decorum A law enforcement officer shall be deSignated as Sergeant-at-Arms of the Counctl meetings when requested .., 10 ~JfJ by the Mayor He/she shall carry out all orders and mstructIons given at the Council meetIng Upon mstructJon of the Mayor, It shall be the duty of the Sergeant-at-Anns, as to any person who VIolates the order and decorwn of the meetmg to remove and bar such person from the Counctl meetIng V 101atlons of the order and decorum of a Counell meetIng IS a lmsdemeanor d Smolong Smokmg IS prolnbIted at all tunes ill all Clty-owned facilitIes :D. ; SPECIAL COMMITEESI1I'ASK FORCES All specIal conumtteesltask forces shall be appomted by the Mayor, subject to approval of the City CouncIl 18 COUN~MffiERVACAN~ When a vacancy occurs on the CIty CouncIl, m the office ofCounc1.lmember or Mayor, and the CounCIl determmes to consIder fillmg the vacancy by appOIntment, the CouncIl will make such appomtment only at a meetmg at wluch all remammg CouncIlmembers (mcludmg the Mayor) are present This rule shall not preclude the Council from ca11mg a spec1al electJon to fill the vacancy or from adoptmg an ordmance to fill the vacancy pursuant to Government Code SectIon 36512 at a meeting at whIch one of the remammg Counc1lmembers (mcludmg the Mayor) IS absent 19 lPROnSTS Any Counctlmember shall have the nght to have the reasons for hIs/her dIssent from or protest agaInst, any action of the counc1.l entered 1D the mmutes 20 ADJOlURNMENT A motIon to adjourn shall always be m order and demded WIthout debate U JlUJJLES A V AllLAlIllLE FOR PUIlJlLJrC lR1E VIDEW A copy of dus ResolutIon shall be avallable at all meetings of the Cauncll for reVIew by the pubhc PASSED, APPROVED AND ADOPTED dus 2111 day of August, 2001, by the followmg vote AYES NOES ABSENT COUlJlllcollmellllllbell"lJ Loclk.llnart, McComm:k, OIl"Slvetlz, Zilka and! MayclI" .l8IOWltOIlR None None ABSTAIN None Aj~ A'ITEST ~ ~I"k. . f de K2/G/8-21..QlIreso-ccrules doc (rtem 4 19) o /I ~o7P JRJESOLU1'ION NO - 08 A RESOLUTION OF 1'lHIE CI1'Y ClOUNCIL OF THE CITY lOJF ][nrnLIN ********* AMENDING ANID RES1'A1'ING THE RlULJES lFlOR THE CON][)lUCT OF MrJEE1fINGS lOJF THE CITY COUNCIL (]REPLACING JR:ESOlLU1I'IlON NO 156-01) WlHIERJEAS, from tIme to tIme, the CIty CounCil amends and restates the Rilles for the Conduct of Meetmgs of the City Council, and the Rules were last restated by ResolutIon No 156-01, and WHEJR:EAS, the City Council Wishes to amend and restate the Rules to add an additIonal proVISIOn to prohIbIt Councllmembers from engagmg m polItIcal actIVItIes dUrIng meetings of the City CouncIl NlOW, THEREFORE, ]BE II' RJESOL YED that all other prevIous Rules related to the conduct ofmeetmgs of the CIty CounCil are restated, as follows II REGUJLAR MEETiNGS a 1'nme Regular meetIngs of the City CounCIl shall be held on the first and third Tuesday of each month at the hour of 7 00 pill, except that Closed SeSSIOn Items shall be held at 630 P m Whenever the day fixed for any regillar meetIng of the CounCil falls upon a day deSIgnated as a hohday, such meetmg Will be held at the same hour on the next succeedmg day not a holIday b lP'hnce All regular meetmgs of the CouncIl shall be held at the CIVIC Center, as deSignated by OrdInance C lP'ubhc All meetIngs of the 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 SlP'EClIAL MEETINGS A speCial meetmg may be ordered at any tIme by the Mayor whenever m hls/her opmlon the publIc bUSIness may reqrure It or upon the written request of any three members of the CounCil Whenever a speCial meetmg shall be called, wntten notIce of such meetmg shall be delIvered personally or by any other means by the CIty Clerk to each member of the CounCIl and to each local newspaper of general circulatIOn and radIO/televIsIOn statIOn requestmg notice In wntmg Such notIce must be delIvered at least twenty-four (24) hours before the time of such meetmg as specIfied m the notice The notice shall speCify the tnne and place of the speCial meetmg and the bUSIness to be transacted or discussed No other busmess shall be conSidered at such meetmgs by the CounCil -1- ATTACHJv1ENT2 I ~ ~.;vO The agenda for specIal meetmgs shall contam the InfOrmatlOn set forth m SectIOn 3 a - d below At least twenty-four (24) hours before each special meetmg, the CIty Clerk shall post a copy of the agenda, mcludmg the call and notice of the special meetmg at the same locatIOn IdentIfied m Section 3 below 3 AGENDA In order to faCIlItate the orderly conduct of the busmess of the CounCIl, the CIty Clerk shall be notIfied no later than 11 00 am, on the Tuesday ImmedIately precedmg a regular CounCIL meetmg of all reports, communications, ordmances, resolutIOns, contract documents or other matters to be submItted to the Council at such meetmg ImmedIately thereafter, the CIty Clerk shall arrange an agenda of such matters accordmg to the order of busmess and furrush each member of the Council, the CIty Manager, City Attorney, CIty Department Heads and Staff WIth a copy of the agenda packet pnor to the Council meetmg and as far m advance of the meetmg as time for preparatIOn WIll permit The agenda prepared by the City Clerk shall, at a mInImum, mclude a The date of the meetmg b The time of the meetmg c The locatIon of the meetmg d A bnef general descnptlOn of each Item of busmess to be transacted or dIscussed at the meetmg e SpeCified penod of time for members of the publIc to address the CouncIl on Items of mterest to the publIc that are WIthm the JUrIsdictIOn of the CounCIl, mcludmg a prOVISIOn that no person may speak longer than five (5) mmutes, and mcludmg language that the Council can only bnefly respond WIth questIOns, refer to Staff, or place on a future agenda f A speCIfied sectIon under which CouncIlmembers and Staff may present mformatlOnal only reports At least seventy-two (72) hours before each regular meetmg, the City Clerk shall post a copy of the agenda m the KIosk m front of the CIVIC Center located at 100 CIVIC Plaza, DublIn, CalIfOrnIa The CIty Clerk shall execute a declaratIOn of postmg which shall be filed m 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 wluch can reasonably be expected to generate no diSCUSSIon by members of the CIty CounCIl, CIty Staff or Interested persons m the audIence The 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 mterested person m the audIence requests that a consent Item be removed from the lIst, such Item shall be taken up for conSIderatIOn and dISpOSItIon m the order listed on the agenda -2- /3 ~CLD 41 lPRES][][)l][NG 0]F1F'][CER The Mayor shall presIde at all City CouncIL meetmgs and perform such other duties conSistent WIth hlslher office as may be Imposed by the 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 Council The Mayor shall state every question commg before the Council, call for the vote, announce the deCISion of the CouncIl on all subjects and deCide all questIOns of order, subject however, to an appeal of the CounCil, m which event a majorIty vote of the CounCil shall govern and conclUSively determme such questlOn of order The Mayor shall SIgn all Ordmances adopted by the CounCIl durmg hIs/her presence In the event of the absence of the Mayor, the Mayor Pro Tempore shall sign Ordmances as then adopted 5 CAlLJL 1'0 ORJI}ER The Mayor, or m hls/her absence, the Mayor Pro Tempore, shall take the chalf precIsely at the hour appoInted for the meetmg, and shall nnmedIately call the CounCIl to order In the absence of the Mayor or Mayor Pro Tempore, the CIty Clerk shall call the CounCil to order, whereupon a temporary chaIr shall be elected by the members of the CouncIl present Upon the amval of the Mayor or Mayor Pro Tempore, the temporary chair shall nnmedlately relmqmsh the chair upon the concluslOn of the bus mess nnmedtately before the CouncIl 6 A 'f1'ENDANCE Before proceedmg WIth the busmess of the CounCIl, the CIty Clerk shall enter mto the mInutes, the names of the members present or absent No fonnal roll call need be taken 7 QUORUM A maJonty of the members of the CounCIL shall constItute a quorum for the transactIOn of bus mess, but a lesser number than a quorum may adjOurn from time to time The Council may adjourn any regular, adjourned regular, speCIal or adjourned speCIal meetmg to a tIme and place specIfied m the order of adjournment If all members are absent from any regular or adjourned regular meetmg, the CIty Clerk may declare the meetmg adjourned to a stated tIme and place If he/she does, he/she shall cause wntten notIce of the adjournment to be given m the same manner as proVided for speCial meetmgs A copy of the order or notice of adJournment shall be posted m the CIVIC Center Kiosk and other places deSignated by the CouncIl Wlthm twenty-four (24) hours after the time of adjournment Whenever a regular or adjourned regular meetmg IS adjourned as proVided m thiS sectlOn, the resultmg adjourned regular meetIng IS a regular meetmg for all purposes When an order of adjournment of any meetmg faIls to state the hour at which the adjournment meetmg shall be held, It shall be held at the hour speCIfied for regular meetmgs -3- /4 ~cW 8 ORJ[]lJER OlF BUSiNESS Promptly at the hour set on the day of each regular meetmg, the members of the CouncIl, CIty Clerk (or DesIgnee) and City Manager (or DeSignee) shall take then regillar statIOns m the CouncIl Chambers and the bUSIness of the Council shall be taken up for consIderatIOn and dISposItIon In the follOWIng order except that with the unanImous consent of the CouncIl, matters may be taken up out of order o Call to Order (Closed SeSSIOn) o Call to Order & Pledge of Allegiance to the Flag o Report on Closed SeSSIOn ActIOn o Oral CommurncatIOns o Consent Calendar o Wntten CommunIcatIons o Public Heanngs o Unfimshed Busmess o New Busmess o Other Busmess (CouncIl/Staff InformatIOnal Only ReportslMatters Too Late for the Agenda) o Adjournment 9 MA1'1'lERS '][00 lLA1'E lFOR 1'HE AGENDA a No actIOn or dlscusslOn shall take place on any Item not appeanng on the agenda for a regular meetmg as posted, unless (l) The CIty CouncIl determInes by maJonty vote that an emergency SItuation eXists, as defined m Government Code SectlOn 549565, (2) The City CouncIl determInes by vote oftwo-thnds of the members present (1 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 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 Council's attentIOn after the agenda was posted, (3) The Item was mcluded In a posted agenda for a pnor meetmg held not more than five (5) calendar days pnor to the meetIng at which the Item IS acted upon and at the pnor meetIng the Item was contmued to the meetmg at whIch the actIon IS beIng taken b When an Item not on an agenda IS ralsed by a member of the publIc, the CIty Council may bnefly respond, may ask questlOns for clanficatlOn, proVIde a reference to Staff or other resources, or request Staff to report back at a subsequent meetmg Furthermore, a member of the CIty CouncIl may take actlOn to place a matter of busmess on a future agenda -4- 15 %d^J no READiNG Of MiNU1'ES Unless the readIng of the mmutes of a CouncIl meetIng IS requested by a member of the CouncIl, such mInutes may be approved WIthout readmg If the City Clerk has prevIOusly furnIshed each member WIth a copy thereof :n RUl.ES Of DEBA1'E a Presldmg Officer may debate The Mayor or such other member of the Council as may be pres1dmg may move, second and debate from the chair, subject only to such lImItatlOns of debate as are by these rules Imposed upon all members He/she shall not be depnved of any of the nghts and pnvIleges of a Councllmember by reason of hiS /her actmg as the PresidIng Officer b GettIng the floor Every member deSIrIng to speak shall address the Mayor, and upon recogmtIOn by the Mayor, shall confine lumselflherself to the questIOn under debate c InterruptIOns A member once recogmzed, shall not be Interrupted when speakmg Wlless It be to call hun/her to order, or as herem otherWIse proVIded If a member, whIle speakmg, be called to order, he/she shall cease speakmg WltIl the questIon of order be determmed, and If In order, he/she shall be permitted to proceed d PnvIlege of clOSIng debate The CouncIlmember movmg the adoptIOn of an Ordmance or ResolutIOn shall have the pnvIlege of closmg the debate e Mohon to reconsIder A motIon to reconsIder any actIOn taken by the CouncIl may be made at any tIme Such a motIon must be made by one of the prevmhng 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, 1t shall be debatable Nothmg herem shall be construed to prevent any member of the CouncIL from makmg or remakmg the same or other motIon at a subsequent meeting of the Council f Remarks of CouncIlmember A Councllmember may request through the Mayor, the pnvllege ofhavmg an abstract oflus /her statement on any subject Wlder consideratIOn by the CounCIl entered In the mInutes Ifthe 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 COWlcd, to enter III the mInutes a synopsIs of the d1scussIOn of any questIOn commg regularly before the CounCIL h Rules of Order Except as otherWIse proVided m thIS ResolutIOn, the current edItIon of "Roberts Rules of Order' shall govern the conduct of the meetIngs of the CIty CounCIl 12 AlOllDlRlESSiNG THE COUNCIL Any person deSIrIng to address the CounCIl at a meetmg shall first secure the permIsslOn of the Mayor to do so, prOVIded, however, that under the followmg headmgs of -5- l~ ~ ).fJ bus mess, any qualIfied and mterested person shall have the nght to address the CouncIl upon obtammg recogmtIOn by the Mayor a Wntten CommumcatIons Interested persons or theIr authonzed representative may address the Council by wntten commumcatIOn on any matters concernmg the City'S busmess, or any matters over whIch the CouncIl has control Such wntten communicatIOn shall be delIvered to the CIty Clerk no later than 11 00 am, of the Tuesday Immediately precedmg the regular Council meetIng for whICh such wntten communicatIOn IS mtended b Oral CommunIcatIOns Interested persons m the audIence or their authonzed representatives may address the Council by oral commumcatIons on any matters over which the CouncIl has control, proVIded, however, that preference shall be gIven to those persons who have notIfied the City Clerk m advance of their deslre to speak In order that the same may appear on the agenda of the CouncIl 13 AIDDlRESSKNG 1'lHIE COUNCIL AFTER. M01'KON ][S MAllJlE After a motIon IS made by the CouncIl, no person shall address the CouncIl WIthout first seCUrIng the permISSion of the Mayor to do so Jl~ MANNER OF ADllJllRESSING COUNC][l. Each person addreSSIng the CouncIl shall stand at the podIUm, and gIve hIs/her name and address m an audIble tone of vOice for the record A Speaker SlIp shall be completed m order to facIlItate preparatIOn of the mmutes All remarks shall be addressed to the CouncIl as a body and not to any member thereof No person, other than the CouncIl and the person havmg the floor shall be permItted to enter Into any dIScussion, eIther duectly or through a member of the Council, Without the permiSSIOn of the Mayor No questIOn shall be asked a CouncIl member except through the Mayor Jl5 VOTING a Members of the CounCIl shall vote by a "VOIce vote" on all Ordmances, ResolutIOns and other matters, unless a roll call vote IS reqUIred by law or IS requested by a CouncIlmember SIlence shall be recorded as an affirmatIve vote The Mayor shall announce the result of the vote The City Clerk shall show on Ordmances and Resolutlons, the names of CouncIlmembers votmg "Aye" and ''No'' b The vote on any matter bemg conSIdered by the CouncIl may be delayed by the Mayor untIl all members of the CounCIl present for a meetIng, and not excused as herem provIded, are present at the CounCIl daIS C A member of the CounCIl who has a confllct of Interest regardmg any matter bemg conSIdered by the CouncIl shall declare the conflIct and excuse hlmself/herself from partlclpatmg m the CounCIL's delIberatIOns and declSlons regardIng that matter -6- )1 ~dfJ 16 ORDER AND DECORUM a By CouncIl members WhIle the Council IS m seSSIOn, the members must preserve order and decorum, and a member shall neither by conversatIOn or otherWIse, delay or mterrupt the proceedmgs or the peace of the CouncIl nor disturb any member whIle speakmg or refuse to obey the orders of the CouncIl or Mayor, except as otherWIse herem provided b Bv Persons Any person makmg personal, Impertment, or slanderous remarks or who shall become bOisterous whIle addressmg the CouncIl or who shall by conversation or otherwise, delay or mterrupt the proceedmgs or the peace of the Councilor disturb any member whIle spealang or refuse to obey the orders of the CouncIl or the Mayor shall be forthWIth, by the Mayor, baITed from further audience before the CouncIl, unless permiSSIOn to contmue IS granted by a maJonty vote of the CounCIl c Enforcement of Order and Decorum A law enforcement officer shall be deSignated as Sergeant-at-Arms of the CounCIL meetmgs when requested by the Mayor He/she shall carry out all orders and mstructIOns gIVen at the CounCil meetmg Upon mstructIOn 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 meetmg to remove and bar such person from the Council meetmg VlOlatIOn of the order and decorum ofa CouncIl meetmg IS a mIsdemeanor d Smokmg: Smokmg IS prolublted at all tImes In all CIty-owned faCIlItIes 17 lPROlHI]JlUnON ON lPOLK1'ICAlL AC1'.D:Vll1'KES Members of the City CouncIl shall not engage In polItical actiVItIes related to local, state, or federal electIOns dUrIng CounCIl meetIngs Nothmg 10 thIS sectIon shall prevent the CIty CounCIl from consIdenng whether or not to support or oppose a ballot measure or state or federal legIslatlOn Jl8 SlPECIlA]L COMMIl'f'fEESrr ASK FORCES All speCial commIttees/task forces shall be appomted by the Mayor, subject to approval of the CIty CounCIl Jl9 COUNClllLMEMBER VACANCIES When a vacancy occurs on the CIty CouncIl, m the office of CouncIlmember or Mayor, and the CouncIl determmes to conSIder fillmg the vacancy by appoIntment, the CounCIl Will make such appomtment only at a meetmg at WhICh all remalmng Councllmembers (mcludmg the Mayor) are present Tlus rule shall not preclude the CouncIl from callmg a speCIal electIOn to fill the vacancy or from adoptmg an ordmance to fill the vacancy pursuant to Government Code SectIOn 36512 at a meetmg at whIch one of the remmmng CouncIlmembers (mcludIng the Mayor) IS absent -7- 20 PR01'ES1'S Any CouncIlmember shall have the nght to have the reasons for hls/her dIssent from or protest agaInst, any action of the CouncIl entered m the mmutes 21 AIDJOURNMEN'Jr A motIon to adjourn shall always be m order and decided without debate 22 RUlLES A V AIlLAlBLE ]FOR PUBLiC RJEVJIJEW A copy of thIS ResolutIOn shall be avaIlable at all meetmgs of the CouncIl for reVlew by the public PASSED, APPROVE])) AND ADOPTED thiS 19th day of February, 2008 AYES NOES ABSENT ABSTAIN Mayor ATTEST City Clerk 1039507 3 -8- t ~ otdfJ 111~ MARKUP OF KEY REVISIONS 1'0 RUl.ES lFOR 1rHE CONIDUC1' OlF COUNCIl. MEE1'iNGS 4 PRESIIDING OlFlFlICER The Mayor shall preside at all CIty Council meetmgs and perform such other duties consistent with hlslher office as may be Imposed by the Council The Mayor shaH be entitled to vote, but shall possess no veto power The Mayor shall be recognized as the officml head of the City for all ceremonial purposes, 13)' ttte e01:lrts fer the purpose of servlflg er;ll process ana 13)' tR8 Go';eff!0f filr mlhtory 131:1TfloS8S lfl the tIme ofpubile aaRger or emergency, the Mayor, '.vltfl the consent of the C01:IRell, shall cause arder to Be mamtamed RAe! eAforee laws ( The Mayor shall preserve striCt order and decorum at all regular and special meetmgs of the Council The Mayor shall state every questIOn commg before the Council, call for the vote, announce the deCISIOn of the Council on all subjects and deCIde all questions of order, subject however, to an appeal of the CouncIl, m which event a maJont) vote of the CouncIl shall govern and conclUSIvely determme such questIOn of order The Mayor shall Sign all Ordmances adopted by the Councll dunng hlslher presence In the event ofthe absence of the Mayor, the Mayor Pro Tempore shall sIgn Ordmances as then adopted 9 MA1r1rElRS TOO LA'fE FOR 'I HE AGENDA a No action or diSCUSSIOn shall take place on any Item not appearmg on the agenda for a regular meetmg as posted, unless (l) The City Council determmes by maJonty vote that an emergency situation eXists, as defined III Government Code SectIOn 54956 5, (2) The City Council determmes by vote of~o thIrds of the members present (I e four votes If five ~mem bers are present and three votes If four members are present), or by a unanimous vote of the members ofthe Counclllf only 4 €If 0ftly 3 members are presentf~ that there IS a need to take Immediate actIOn and that the need for actIOn came to the CouncIl's attentIOn after the agenda was posted, (3) The Item was mcluded m a posted agenda for a pnor meetmg held not more than five (5) calendar days pnor to the meetmg at which the Item IS acted upon and at the pnor meetmg the Item was contmued to the meetmg at whIch the actiOn IS bemg taken b When an Item not on an agenda IS raised by a member of the public, the City Council may bnefly respond, may ask questions for clanficatlOn, proVide a reference to Staff or other resources, or request Staff to report back at a subsequent meetmg Furthermore, a member ofthe City Council may take action to place a matter of bus mess on a future agenda 17 PROH.:D.BJ[TION ON POLI'flICAlL AC1rIVlI1rlIlES Members of the CIty Council shall not engage III polmcal actiVIties related to local. state. or federal elections durmg Council meetmgs Nothmg m thiS section shall prevent the City Councli from consldenng whether or not to support or oppose a ballot measure or state or federal legIslatIOn 1056267 1 A1r1'ACHMEN1' 3 /)0 ~~ RJESOl.,lUT][ON NO - 08 A RJESOlLlU1'][ON OlE? THE CITY COUNCIL OJF THE C][1'Y OF ][nrnJL][N ********* lPROHmlU1'ING COlUNC][lL MEMBERS FROM lENGAG][NG][N lPOlLIT][CAlL AC1'][V][1'llES AT THE CIV][C CENTER AND WIDlLE REPRESENTING THE CITY ][N AN OlFlF][CiAL CAP AC][TY WHEREAS, CalIfornIa Government Code section 3207 authonzes the City to adopt rules prohibitIng officers and employees from engagmg III polttICal actIvItIes durIng workmg hours and prohIbitIng pohucal actIvItIes on the premises of the CIty, and WHEREAS, consistent WIth thIS authonty, the City Council WIshes to adopt a poltcy to prohIbIt CIty CounCIl members from engagmg In poltucal activItIes at the CIVIC Center and whIle actIng In an OffiCIal capacity NOW, THEREFORE, BE 11' RESOlLVEID that members of the City CouncIl of the City of Dublm shall not engage m pohtlcal actIVItIes relatmg to local, state, or federal electIOns at the Dubltn CIVIC Center or while representIng the CIty III an OffiCial capaCIty as a member of the City CouncIl For the purposes ofthIs resolution, "representIng the CIty m an offiCial capaCIty" shall be limited to those circumstances m which the City CounCIl has delegated the authonty to a member of the City CouncIl to act on behalf of the CIty or to represent the City PASSE]!}, APJIlROVED AN]!} AJl)OJllTIED tlus 19th day of February, 2008 AYES NOES ABSENT ABSTAIN Mayor ATTEST CIty Clerk 10401152 ~ lItr Lil,\ <<:; ~ M!E INlll 4