RPVCCA_SR_2012_03_14_06_Proposed_Revisions_Council_Rule_ProcCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CAROLYN LEHR,CITY MANAGER 0.9-
MARCH 14,2012
PROPOSED REVISIONS TO CITY COUNCIL RULES OF
PROCEDURE
Project Manager:Kit Fox,Ale?,Senior Administrative Analyst @
RECOMMENDATION
Review the proposed revisions to the City Council Rules of Procedure,and provide
direction to the Subcommittee and/or Staff as appropriate.
BACKGROUND
The ad hoc City Council Subcommittee on Policy and Procedures (Mayor Misetich and
Councilwoman Brooks)has suggested revisions to the City Council Rules of Procedure.
The Subcommittee notes that the City Council/City Manager form of government is a
widely-accepted norm in most U.S.cities.While the City Council recently enacted updates
to its Rules of Procedure regarding the duration of City Council meetings and mayoral
discretion regarding audience behavior,the City Council has not yet addressed items that
have since surfaced as potential challenges to the City Council/City Manager form of
governance in Rancho Palos Verdes.
Specifically,the Subcommittee suggests that it is appropriate to further refine the roles and
duties of the City Council and the City Manager (and,by extension,all City Staff)so that
conducting the City's business at City Council meetings is accomplished in a fully-informed,
timely and professional manner.Therefore,the Subcommittee has respectfully asked the
full City Council to consider and adopt additional protocols as a part of its Rules of
Procedure.It should be noted that these suggestions are based upon "best practices"
identified in other nearby jurisdictions (Le.,Peninsula cities and the school district),as well
as from information provided by the League of California Cities.
The Subcommittee notes that Rancho Palos Verdes is one of the only cities in our area that
does not include a "Code of Conduct"as a part of its Rules of Procedure.It is possible that
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MEMORANDUM:Proposed Revisions to City Council Rules of Procedure
March 14,2012
Page 2
this may be contributing factor in the comparatively spirited public dialogue on issues of
concern in Rancho Palos Verdes (at least in recent years)as compared to other
neighboring cities.The Subcommittee therefore offers these suggested revisions to the
City Council Rules of Procedure as a means to improve the quality of governance in the
City,and to reduce or eliminate any appearance of impropriety in the conduct of City
business.
DISCUSSION
Attached to tonight's report is a revision to the City Council Rules of Produce,which was
most recently updated on December 20,2011.The following table summarizes the primary
revisions suggested by the Subcommittee,and identifies issues where input from the full
City Council is sought (identified in bold underlined text).
Section Subsection Description and Comments
A new preamble to the Rules of
Procedure is suggested.The pre-
amble notes that the rules are intended
Preamble None (p.3)to apply to both the conduct of City
Council meetings and to set the tone
for the interaction of the City Council,
City Staff and constituents.
The Subcommittee suggests clarifying
language in §3.5 to note that the Mayor
Closed Session presides in closed session,with
Meetings,§3.5 (p.6)support from the City Attorney and
Types of Meetings input from City Staff and the full City
Council.
The Subcommittee suggests adding
Civic Events,§3.1 0 §3.10,which includes language about
(p.7)coordinating the attendance of
Council members at civic events.
A new introductory paragraph is
suggested,noting that the City Council
agenda is set by the City Manager in
Order and Preparation None (p.8)consultation with the Mayor.The full
of Agenda City Council is to be provided with
periodic updates on future agendas.
Large agendas full of time-consuming
items are discouraQed.
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MEMORANDUM:Proposed Revisions to City Council Rules of Procedure
March 14,2012
Page 3
Section Subsection Description and Comments
The Subcommittee suggests clarifying
Consent Calendar,§5.7 language in §5.7 to note that the
Consent Calendar is not for non-(p.9)routine matters or new business not
previously discussed.
Staff suggests adding introductory
language to this new subsection that
reiterates that the City manager sets
the agenda for City Council meetings.
It imposes a minimum 2-seek advance.notice requirement for adding items to
an upcoming agenda,except in cases
of a true emergency.
The Subcommittee suggests adding
§5.10 to establish a protocol for
Council members to request items to be
added to the agenda.Four (4)basic
alternatives have been identified to
Order and Preparation accomplish this:
of Agenda (cont'd)
Individual Councilmem-1.The City Manager and Mayor
ber Requests to Agen-would determine the viability of
dize Matters,§5.1 0 adding items to the agenda,in
(p.10)accordance with adopted City
Council priorities and the
availability of time;
2.The full City Council would vote
on individual requests to place
items on a future agenda,
similar to the procedure used in
West Sacramento,CA (see
attach ments);
3.Requests requiring more than 2
hours of Staff preparation time
would be referred to the full City
Council for placement on a
future agenda,similar to the
process used by PVPUSD;or,
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MEMORANDUM:Proposed Revisions to City Council Rules of Procedure
March 14,2012
Page 4
Section Subsection Description and Comments
4.Allow any Council member to
request placing an item on the
agenda at any time,with priority
given to newsworthy,contro-
versial or time-sensitive issues.
A written report would be
Individual Councilmem-prepared by Staff in consultation
Order and Preparation ber Requests to Agen-with the Councilmember
of Agenda (cont'd)dize Matters,§5.1 0 requesting the item.
(p.10)(cont'd)Staff and the Subcommittee seek
input from the full City Council on
which of these approaches may be
preferable.as well as any related
issues and additional or revised
proposals that may be desirable or
aoorooriate.
Staff suggests adding a new sub-
section that describes the duties of
boards,committees and commissions.
The proposed language is drawn from
City Boards,Commis-the City's Advisory Board handbook
sions and Committees,and stresses the advisory role of these
§9.2 (p.16)bodies.These bodies are not
authorized to make policy decisions,
Boards,Commissions,commit City resources (personnel or
Committees and Sub-materiel)or generate work product that
committees is more appropriately the duty and
responsibility of professional City Staff.
The Subcommittee suggests adding
§9.3 for City Council Subcommittees.
The subsection describes the com-
City Council Subcom-position (Le.,2 Councilmembers)and
mittees,§9.3 (p.16)function of Subcommittees.Sub-
committees are reminded to be
cognizant of the use of Staff time and
resources.
6-4
MEMORANDUM:Proposed Revisions to City Council Rules of Procedure
March 14,2012
Page 5
Section Subsection Description and Comments
The Subcommittee suggests adding
new Section 13 for a Code of Conduct
for Council members.Nine (9)items
are currently included in this section,
which have been drawn from similar
Code of Conduct None (p.19)codes from nearby cities and the
school district (see attachments).Staff
and the Subcommittee seek input
from the full City Council on this
proposed language,as well as any
additional or revised provisions that
mav be desirable or aDDrooriate.
CONCLUSION
In conclusion,Staff recommends that the City Council review the proposed revisions to the
City Council Rules of Procedure,and provide direction to the Subcommittee and/or Staff as
appropriate.
Attachments:
•Draft Revisions to City Council Rules of Procedure
•City of West Sacramento Administrative Policy on Council Placement of Items on
Agenda
•City of Rolling Hills Estates City Council Code of Conduct
•City of Palos Verdes Estates City Council Operating Guidelines
•Palos Verdes Peninsula Unified School District Governance Protocols
M:\Policy Issues\Rules of Procedure\20120314_RulesofProcedure_StaffRpt.doc
6-5
.''
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6-6
Table of Contents
SUbject Page
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General Rules
Types of Meetings
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arch 14.2012
Page 1
Order of Business
Agenda Preparation
Agenda Posting
Minutes
Public Comments (see Citizens'Rights in Section 6)
Public Hearings
Consent Calendar
City Council Oral Reports
Public Meetings
Regular Meetings
Adjourned Meetings
Special M
Closed
Wor
M
R
Quorum
Vacancy by Unexcused Absence
Minutes of Proceedings
Right of Floor
Rules of Order
City Manager
City Attorney
City Clerk
Deputy City Manager/Departme
Order and Preparation of Agenda
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
Authority
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.
1.
I 4.
I 5.
I 3.
6-7
6~--------Citizens'-Rfghts---------~·-------------------------------------------.-------------------
Page 2
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les of ProcedureMarchT'C2M2----------
~~--------------------
11.1 Motion to be Stated
11.2 Roll Call Votes
11.3 Silence
11.4 Continuance of an Item
11.5 Personal Privilege
11.6 Motion to Reconsider
8.1 Introduction
8.2 Staff and
8.3 PublicT
8.4 Coun
8.5 Co
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5.10 Individual Councilmember Requests to Agendize Matters
7.1 Document Preparation
7.2 Document Approval
7.3 Ordinance Introduction/Adoption
7.4 Majority Vote Required
7.5 Ordinance Preservatio
6.1 Addressing the Council
6.2 Personal and Slanderous Remarks
6.3 Enforcement of Decorum
6.4 Reading of Protests
6.5 Written Communications
9.
10.
Subject
I 11.
I 7.Ordinances,Resolutions and Contracts
I 8.Procedures Regarding Public
6-8
Subject Page Deleted:16
12.Rules of Debate ~/>->=D,.;e=le=ted=:7========<
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12.1 Mayor as Presiding Officer
12.2 Appeals
12.3 Precedence of Motions
'VI.__••*~_
.1;3._Code of Conduct
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Page 3
6-9
RULES OF PROCEDURE
1.AUTHORITY
II regular City Council
ing s/he attended,his/her
ncy,as provided by
to speak shall first be recognized by the Mayor and shall
ubject under consideration.
Council shall be recorded by the City
tered in e official minute books of the Council.
e to the public following approval by the Council.
2.3
2.2 Vacancy by Unexcu
2.5
2.1 Quorum
If a City Council member is absent
meetings for 60 days consecutively
office becomes vacant be fill
Government Code
2.GENERAL RULES
Three members of the Council shall constit
business.In the event a quorum is not in
meeting to a later set time.
As provided by Government Code Section 36813,the City Council hereby establishes
these Rules of Procedure for the conduct of meetings.These Rules shall be in effect
upon the adoption by City Council and until such time as they amended or new rules
are adopted in the manner provided by these Rules.
In all matters and things not otherwise provided for herein,the proceedings of the
Council shall be governed by "Robert's Rules of Order."However,no ordinance,
resolution,proceedings or other action of the City Council will be invalidated,or the
legality thereof affected,by the failure or omission to observe or follow said Rules.
2.6 City Manager
,Deleted:
The City Manager shall attend all meetings of the Council unless excused,and in :"Deleted:December 20,2011
his/her absence,the Deputy City Manager or Acting City Manager shall substitute.The ,//,{Deleted:20
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Page 4
6-10
City Manager may make recommendations and shall have the right to take part in all
discussions of the Council,but shall have no vote.
2.7 City Attorney
uncil unless
lerk shall
cord of the
City
employees,as directed by
d by State law)of the Council shall be
n ity Council Chambers located at Fred Hesse
horne Boulevard,for all regular meetings.Regular
shall be held on the first and third Tuesday of each month
the Council Chambers except as follows:
3.
TheCI
Commun
meetings 0
at the hour of
The Deputy City Manager,Depart
the City Manager,shall attend Coun
The City Clerk or his/her designee shall attend al
excused by the City Manager,and in her/his a
substitute.The City Clerk shall record,prep
Council and perform other related duties a
Manager.
2.8 City Clerk
2.9
3.
3.1
The City Attorney shall attend all meetings of the Council unless excused,and in his/her
absence,the City Attorney shall make arrangements for a substitute attorney.The City
Attorney,upon request,shall give opinions,either written or or on questions of law
and shall act as the Council's parliamentarian.
1.hen a Rancho Palos Verdes municipal election is conducted in
the City on the first or third Tuesday of any month,the meeting shall be held on the next
succeeding day,which is not a holiday.
2.When an official City holiday falls on the first or third Tuesday of
any month,the meeting shall be held on the next succeeding day,which is not a
holiday.
Only closed sessions and work sessions may be held between six p.m.and seven p.m.
,Deleted:
,Deleted:Decem ber 20.2011
Deleted:20unlessaregularmeetingisadjournedto,or a special meeting is called for,such time.//,
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6-11
No work session or closed session will be held during such hours unless the agenda is
posted at least seventy-two hours prior to the meeting as required by Section 54954.2
of the California Government Code.No action shall be taken during any work session
held between such hours unless the agenda so provides.
The Council may meet in work sessions called by the Mayor or the majority of the
Councilmembers.Work sessions are open to the public and are meetings for the
purposes of the Brown Act.
Deleted:11
11
Discussion of legal issues before the
City.Run by Mayor.conducted
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....------{Formatted:Normal
of the Council members.
e sub])to be considered.In
956,twenty-four hours notice must be
cified in the notice may be discussed at
3.7 Media Attendance
3.5
3.4 Special Meetings
Special meetings may
The notice for a spe .
accordance with
given prior to th
special meeting
3.6
The City Council will adjourn its meetings on or before 11 :00 p.m.and will not consider
new business items after 10:15 p.m.,unless the majority of the Councilmembers who
are present affirmatively vote either to extend the meeting aft 1:00 p.m.or to
consider new business after 10:15 p.m.If the meeting end e all of the items listed
on the agenda are completed,any unfinished business w'ntinued to the next
succeeding day,which is not a holiday,at a location t ined.The City Clerk,
or his or her deputy,will post notice of any continued er unfinished
business,as required by law.
3.3 Adjourned Meetings
Any meeting of the City Council may be adj
provided no adjournment is for a longer period
meeting.
,Deleted:
",/Deleted:December 20,2011
"Deleted:20
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Page 6
Except for closed sessions,all meetings of the City Council and City Boards/
Commissions shall be open to the media,and may be recorded by tape,radio,
6-12
television,or photography,provided such recordings do not interfere with the orderly
conduct of the meetings.
I {Deleted:.•.----..-•..••--.)
y--••_-------_._--------_._--- -----._-------------------------_._--------------.---------------._------------_•••------------- ----.
3.8 Recess
Once every hour and one-half,or as Council business permits,the Council shall
recess for a period of time specified by the Mayor.
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_'_.'-{Deleted:Redevelopment
is annually elected by majority vote of
ecember or,in the case of an election
s a member of the City Council,the
d by a Council majority vote.
preside.In the Mayor's absence,the Mayor Pro Tem shall
of both,the Councilmembers present shall elect a Presiding
Call To Order4.4
4.3
The Mayor,if
preside.In the a
Officer.
3.9
4.1
The Mayor is a m
the City Council
year,upon certi
Mayor shall hav
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.~_y_,?c:el?~~~_A.g~~_,?X _a_~cl_!!T!P_~O_V~!T!~m_Ay~_hC?nt
Unless otherwise directed by the City Council,upon a .
meeting held on the first Tuesday of each month,th
ySuC?c:~~_sor_A.g~~_cX_~~_~_m~~_a_s.~h~__'_rnp.~C?y_e_rn~~t
The Mayor or Mayor Pro Tem shall call the meeting to order at the hour appointed.In
the absence of both,the meeting shall be called to order by the City Clerk and those
Councilmembers present shall proceed to elect a temporary Presiding Officer.
,Deleted:
:"Deleted:Decem ber 20,2011
,//,{Deleted:20
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:,Not Italic
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of any member to
ision of the Mayor be
Agenda Preparation
eports
dar
gs
siness
City ncil Oral Reports
Closed Session Report
Adjournment
ORDER AND PREPARATION 0
5.1
The Agenda shall be prepared in accordance with the preparation procedure,as
directed by the City Manager.In consultation with the Mayor and/or Mayor Pro Tem,
each agenda item shall include an estimate of the time that should be required for the /,{Deleted:December 20,2011
City Council to review,consider and take action regarding that agenda item.,//,{Deleted:20
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Page 8
5.2
The Mayor shall determine all points of order,subject to t
appeal.If an appeal is taken,the question shall be,"s
sustained?"
5.
The Mayor shall preserve strict order and decorum,shall prevent disruptive verbal
attacks on Councilmembers,staff and/or citizens,shall confine debate to the item under
discussion,and shall discourage debate between Councilmembers and persons
addressing the Council.I y ------{~D~el~et~ed~:=======.J
4.6 Point of Order
6-14
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ed to property owners as
5.7
5.6 Public Hearings
Unless requested by Council,minutes may be ap
previously furnished a copy to each member.
Items requiring a Publi
required by law.
The City Clerk shall post,in a location that is freely accessible to members of the public,
an agenda at least 72 hours before a regular meeting.The agenda shall specify the
time and location of the meeting and contain a brief descripti each item of business
to be transacted or discussed.
5.5 Public Comments -(see Citiz
5.4.Ml~_~~~~_
,Deleted:I!
Consent Calendar-This area of the
agenda is to be used for items either
previously discussed and considered
or due to a periodic time schedule.It
is NOT for new business not
previously discussed.Policy changes
will require agendizement at a future
meeting accompanied by a staff
report.1!
I!
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,Deleted:
,Deleted:December 20,2011
City Council Oral Reports are short summaries of matters a Councilmember has
attended as an elected official of the City.The Mayor may,with the consent of the City
Council,limit the time for such reports or defer them to a future meeting,provided that
the Council member's legal reporting obligations are met.Council members are required
to provide a brief oral report on their attendance at any meetings where City funds have i</,{LD_e_le_ted_:_2_0 _____
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Page 9
Any memb may remove an item for discussion or clarification.Items
removed from Calendar will be heard after the Regular Business section of
the agenda,unl ise directed by the City Council.If an item has been removed
from the Consent ndar,and a member of the public has requested to speak to that
item,the item shall be heard immediately after the Consent Calendar.
s-.s-------------cHy-cou-ridf-oraf-Reports---------------------------------------------------------------------------\,
6-15
been expended.Detailed reports should be made in writing.Written reports will be
posted on the City's website.Reports should omit functions that are purely of a social
or personal nature.
I J?_·!j ~~tj(?~~_~}!!1it~_~_~~_fl~~_~~~_~g~~~_~------{~D_=el~et_ed_:_"_lI __'
The City Council shall not take action on any item not appearing on the posted agenda
except under the conditions permitted by Government Code S 'on 54954.2 (Brown
Act).
5.10 Individual Councilmember Re
_________________________________________----{Deleted:P
6.
6.1
e Council on the following portions of
Comments as provided in Section 5.5.
arings as provided in Section 8.
portions of the agenda prior to the vote,if any,
eing taken.
Each person addressing the Council shall step to the podium
and give their name for the record.
(b)Each speaker is limited to three minutes on Public
Comments as provided in Section 5.5.All remarks shall be
directed to the Mayor and Council as a body and not to any
particular member.
(c)No person,other than members of the Council and the
person having the floor,shall be permitted to enter into the ,Deleted:
discussion.:',>=D=e=le=ted=:=o=ec=em=b=e=r2=o,=20=1=1==<
,/,:',{Deleted:20
..eR9P9S~P qtY_9_9_Yr)~i_l_r~:YJ~~_9f_P_~9(?~~_Y_~~_/,('
JYJ~rch.t'L?012/'
Page 10
6-16
ntioned manner shall,at the
ant to a point of order
,be barred from further
reaching these rules of conduct be
from the Mayor,a person persists in
person to leave the Council meeting.
self or herself,the Mayor may order
is on the meeting as sergeant-at-arms of the
m the Council Chambers.Alternatively,the Mayor may
orcement officer is able to arrive and remove the
g,the Mayor shall order removed from the Council
persons who commit the following acts in respect to a regular
e City Council:
(d)No question shall be asked of Councilmembers or staff
except through the Mayor.
(e)These guidelines will generally apply to special meetings as
well,but the City Council reserves the right to otherwise limit
or preclude Public Comments during special meetings to
items listed on the agenda of the special meeting.
(f)The City Council may limit the public input on any item
based on the number of people re sting to speak,the
length of the agenda,or the busi of the Council.
Personal and Slanderous Remarks
6.3
6.2
After issuing a
Chambers any p
or special meeting
No person in the audience at a Council meeting s
conduct,including the utterance of loud,threa
personal,impertinent or slanderous remark
acts which disturb,disrupt or otherwise im
meeting.Applause will be permitted,as dee
during public hearing items.
The Mayor shall r
orderly and sile
disturbing the m
If such person d
any law
Cou
re
per
Any person who conducts himsel
discretion of the Mayor or by a maj
requested pursuant to Section 4.6 of
audience before the C .ring th
1.Disorderly,contemptuous or insolent behavior toward the Council
or any member thereof,tending to interrupt the due and orderly
course of said meeting.
2.A breach of the peace,boisterous conduct or violent disturbance,
tending to interrupt the due and orderly course of said meeting.,{Deleted:
":A>=D=el=et=ed=:=De=ce=m=be=r=20=,2~01=1===<
,.::',{Deleted:20
J:~9Pq~ED q~J~o_Yr!~H_RYJ~~gU)r9~~9_Yr~_/:/
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Page 11
6-17
3.Disobedience of any lawful order of the Mayor which shall include
an order to be seated or to refrain from disrupting the meeting by
addressing the Council from the audience.
4.Any other unlawful interference with the due and orderly course of
the meeting.
6.4 Reading of Protests
_-----{Deleted:11
cil for the reading of
consideration if a
ch presentation shall
the City Council.
esoluti all be approved by the City Attorney.No
presentation to the Council unless ordered by a majority
the City Attorney on his/her own initiative.
---1 Deleted:11----------------------------------------------------------------------------------11
'-"--------~
nd contracts shall,before being placed on the agenda,be
ality by the City Attorney.All documents shall be reviewed
All ordinan
approved as t
by the City Man
Any person(s)may submit written commen
City Manager's office and request that Council
provided such written comments ceived in
agenda packet.Written communi consi
received by electronic mail.Writte '0
agenda has been distributed to the
late correspondence.
7.1
7.
The for
ordi
vo
I y _
7.2
Interested persons or their representatives may address
protests,petitions or communications relating to the m
majority of the Council agrees that the person should1
be subject to the time limits that have been esta .
I §_.~Wr!!t~_o __C.9_r:D!D!-!~i_C??1!t9_n~_
7.3 Ordinance Introduction/Adoption
A proposed ordinance will be read by title only unless a Councilrnember disagrees that
the ordinance can be read by title only and requests a full reading.Ordinances
introduced by first reading shall not be adopted within five days of the introduction nor at
other than a regular or an adjourned regular Council meeting.If the ordinance carries
an urgency clause,introduction and adoption may occur at the same meeting.After an ,Deleted:
ordinance has been introduced for first reading,it can be placed on the Consent ,>=D=e=.e=ted=:=D=ec=em=b=e=r2=0,=20=1=1==<
Calendar for adoption at a subsequent meeting.","Deleted:20
EROP9~~D qty_9.9_Y_O~iJ_gyJ~~_9{P.r9_C?~~_yr~__//:'--------------'
JYJ~rch .1.'L201l/'
Page 12
6-18
7.4 Majority Vote Required
Resolutions,orders for the payment of money,and all ordinances require a recorded
majority vote of the total membership of the City Council,pursuant to Government Code
Section 36936.An urgency ordinance must be adopted by at least a four-fifths vote of
the City Council,pursuant to Government Code Section 36937.(NOTE:Motions and
any other matters not involving any of the above actions may adopted by a majority
vote of the Council Members who are present.)
7.5 Ordinance Preservation
Following adoption of an ordinance,the City C
according to state law.All ordinances are fi
8.1 Introduction
The Mayor announces the subject
open.
8.2
h shall include the findings and
Council is required to make,included in
ed and filed.Written comments (e.g.
or the record.
ial not in the agenda packet,if any,is received and
ff report,if any,is presented by a staff member,unless
by the Council.
responds to Council member questions.
5.Prior to hearing public testimony or comments,Councilmembers
are encouraged to raise questions or identify issues of concern that
they may have,which may assist members of the public to focus
their comments upon those questions or issues.However,
Councilmembers shall refrain from stating their final position or how
they intend to vote on the issue until all public testimony has been
received.,Deleted:
:"Deleted:Decem ber 20,2011
/'/,{Deleted:20
£f<QPO~~P Gity_~0_yr!~tl_RYJ~~_9fP!9~~~tY_~t?_/::/
JYJ~rch.1_'L 20t2_/'
Page 13
6-19
8.3 Public Testimony
1.The purpose of this section is to provide an opportunity to members
of the public who wish to testify in support or opposition to the
matter being heard.
aks first and will generally
e app t is different from the
their representative will speak following
be allowed ten minutes to make a
peakers will follow the presentation by
ant.Normally,the applicants and
to a three minute rebuttal (if requested).
s discretion,staff and/or Council will answer questions
r the completion of the speaker's testimony.
will generally reserve questioning of individual speakers
r the completion of the speaker's testimony.
(a)participants must speak fro
(b)that the normal time limit
(c)that repetition should
(d)that speakers will
that has been co
materials.
4.
2.The Mayor's instructions to the audience will vary and will depend
upon the issue being discussed.General he instructions will
follow these general guidelines:
3.
8.4
1.After the Mayor has determined that there is no more public
testimony,the Council will then deliberate on the matter.
2.The Council may ask additional questions of speakers and/or staff
for clarification.
3.The Council will then debate and/or make motions on the matter.,Deleted:
i=========<
:"Deleted:December 20,2011
4.During Council deliberations,the Mayor will allow each ,//.{Deleted:20
.EROfl9$!=D qW_9g_y_'!~tIJ3~yJ~~_ofJ:>rr;>_q~9_Yr~_/:/~----l
JYl~r~~)4·_gR1?"/·
Page 14
6-20
Council member to speak once prior to allowing another
Council member to speak again.Council members should strive to
avoid repetition.Councilmembers may be permitted to ask
questions of each other or debate relevant issues as part of their
deliberations.
8.5 Council Action
_-----{Deleted:AND
inue the matter to a later
itional reports or
e public hearing has been
MITTEES AND SUBCOMMITTEES---
,Commissions,and Committees
January of each year,the Mayor shall appoint
.us committees,which require a Council
(a)
(b)
(c)
(a)This should be done if any
requested (e.g.a staff rep
(b)Continuing a public h
require additional n
2.The Council may:
1.Council may,at this point,continue the
9.2
9.1
9.
The City Council may create boards,commissions,or committees to act
as advisory boards to the Council.
2.Appointments
,Deleted:
":'Deleted:Decem ber 20.2011
"Deleted:20.EROP9SEQ_G!t'_~<?_~_~~i_l_g~J~~_<?!_P_~<?~~~:t~_~~_,'<'::':''"-----------'
M~r~h.1_4:)012/-
Page 15
The City Council shall make appointments to citizen boards,commissions
and committees.All committee and commission applicants will be
interviewed by the City Council at a public meeting.
6-21
Formatted:Bullets and Numbering
Formatted:Indent:Left:1"
0"
Deleted:
Formatted
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Formatted:Font:12 pt,Not Bold
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Formatted:Font:12 pt,Not Bold
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Deleted:liason
Formatted:Font:12 pt,Not Bold
Deleted:take advice ...imput ..,18
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Deleted:....SubcCommitee
.eROP.9SE[).qty:9.9.~.~~H.gl:')~~.9!.P.r9.~~9.l:'.~E?..:'
arch 14.2012
Page 16
-""\
=~~=.o~~=~------,,~:,
'::>,Deleted:are
N AND AMENDMENT OF THESE RULES ',':,\>=~~~======<................................................................................................;',',"Formatted
\II \>;::::::::::=;=====~~...\\'1 Deleted:(When more than.,'>=-......;----~~~
':::,\:Formatted
\:..'Deleted:-
\..Formatted
\\Formatted
\'Deleted:11
Cit
Except as provided by the
may dissolve an existing bo
Council finds that the purpose 0
necessary or requir
Suspension
Amendment
9.3
Except as required by State law,any provision of these Rules not already governed by
the City's Municipal Code or the California Government Code may be temporarHy
suspended by a majority vote of the Councilmembers who are present.
10.2
10.1
6-22
These Rules may be amended by additions or deletions or new rules adopted by a
majority vote of the Council provided the proposed amendment or new rules are
introduced into the record at a prior Council meeting.
11.MISCELLANEOUS RULES
11.1 Motion to be Stated
The City Clerk shall state all motions submitted for a vote a
11.2 Roll Call Votes
Roll call votes shall be required for adoption of or .
approval of agreements and actions involving
a Council member,made before the "Nays"
on any motion before the Council.The Ma
to last and the Mayor's name shall be called
random by the City Clerk.Members shall not b
vote during roll call.
11.3 Silence
During a collective vote
affirmative vote.
11.4
r may make a motion to continue an item (not subject
next agreed upon meeting.This continuance may
jority vote of the Council.
nces Requested by Someone Not a Council member
request a continuance of an item and the Council,by a
te,may grant such a continuance.A request for a subsequent
contin nce may be granted by a majority vote of the Council only if it
finds that:
,,{Deleted:/,'>Deleted:December 20,2011
Deleted:20.ER9Pq~~D qty_~g_Y_I}~tl_Ry_I~~gff~9_C?~d_u_~~__,/,;:',·''----------'
,M~r~h.14,)~:n2}'
Page 17
The need for the continuance was beyond the control of the person
requesting it;
The need for the continuance arose after:(1)the date of the notice
of public hearing was published if the item is subject to a public
hearing or;(2)the time of the Council agenda was posted for items
not subject to a public hearing;or,
(a)
(b)
6-23
(c)The continuance does not adversely affect the City,any of the
affected parties,or the welfare of the City's residents.
11.5 Personal Privilege
_.--.-{Formatted:Font:12 pt
h h h _ h h •h h h h h __••_.-'-1 Formatted:Font:12 pt
the Chair,and shall not be deprived of
h h h h h,h h h h,h._h h h .'-'--1 Formatted:Font:12 pt
.... . .-.----1 Formatted:Font:12 pt
_•h h h hh.•---.--{Formatted:Font:12 pt
h h ._.h ••--.-.-{Formatted:Font:12 pt
b pealed at the request of a Councilmember.The
I vote to determine if the rUling is upheld.
_h. h.._____ ___ _ _____ ___ ____ _ •••---.{Formatted:Font:12 pt
2.
11.6 Motion to Reconsider
The right of a Council member to address the Council on a question of personal privilege
shall be limited to cases in which the integrity,character,or motives of the
Councilmember is in question,or where the welfare of the Co '1 is concerned.
1.
A motion to reconsider any action taken by the Co un
with the following:
The motion must be made
at which the action w
I A •_
3.The motion is
motion.
I A _
12.RULE
I A _
12.1 Mayo
I A _
The Mayor
any rig
I A _
12
I A _
Any ru f the Mayor
Mayor s II for a roIA_
12.3 Pr
I Ah __h h h h _h h h h _ _____h h h h __h h h •h __h h h __h h _ h h h h h h,h h h h h h h h h _h h h h h _h h h .'-'--1 Formatted:Font:12 pt
When a motion is re the Council,no motion shall be entertained except:
I A •• ••.h......_.........-·---1 Formatted:Font:12 pt
1.Motion to Amend
I A •••••••• •••h ••••h •••h'_.•_.h • --'-1 Formatted:Font:12 pt
A motion to amend is debatable only as it relates to the amendment.An
amendment that modifies the motion is in order;however,a substitute
motion is in order if the intent is changed.Amendments are voted on first;
main motion vote is last.A motion may be amended more than once with ,Deleted:
each amendment being voted on separately.There shall only be one ,>=D=e=le=te=d:=D=eC=em=b=e~r2~0.=20=1=1===<
amending motion on the floor at anyone time.,:,:,Deleted:20
.ER.OPQ~!=P Ql~_9'O.u_I"!~i1_R._l:l!~~_9f.P.r9_q~9_l:lre __/,_:>''-----.J
Marc~_.14.gR1_?_/'
Page 18
6-24
,'l -_.-..__•II
Formatted
Deleted:December 20,201 ......56
Deleted:
Deleted:Use of
Deleted:occur
Formatted
Deleted:
Formatted
Deleted:
Formatted
Deleted:ALL
amendment.The
s the item.If a motion
ble at any time prior
.em is not taken
is killed.
2.JY!~~i.l?I').~~.p'~~.tp~f'I~~/
A motion to postpone indefinitely is debatable.If such a motion is
adopted,the principal question is lost.A motion to postpone to a definite
time is subject to debate and amendment as it relates to propriety of the
postponement and time set.
/'Formatted:Bullets and Num ..(1 119
",,'//Deleted:1f
"!Formatted
5.
4.
6.
3.Motion to Table
A motion to table is undebatable and not su
purpose of a motion to table is to tempor
to table is adopted,the item may be ta
to the adjournment of the next reg
from the table in the time speci
Ji···············CODE·O·F·CONDUcf··········
6-25
7.
8.
9.ect or
I be warned and sub'ect
£F:<9po~~P_qW_9_9_y_~~iJ_J3:YJ~~_9!.P.~9_q~~:I.Yre_,,'"
arch 14.2012
Page 20
Formatted:Font:(Default)Arial,12
pt,Not Bold
Deleted:a
Formatted:Font:(Default)Arial,12
pt,Not Bold
Deleted:is paid on
Deleted:CENSURE
Formatted
Deleted:body...(needs more
specifics on this item)
Deleted:If
Councilmembers should strive to,at
all times,to treat one another and
staff with professional courtesy and
refrain from disparaging remarks.
Private disagreements should be
addressed in a timely manner to
avoid catapUlting them to public
bickering or political grandstanding.
The more formal and professional the
Council,the more respect our 62
Formatted 63
Formatted:Font:8 pt
Deleted:20...w:\City Counc'...u
Deleted:
Deleted:December 20,201 ",'.65
6-26
CITY OF WEST SACRAMENTO
ADMINISTRATIVE POLICY NUMBER:I-A-10
DATE:October 20,1999
SUBJECT:COUNCIL PLACEMENT OF ITEMS
ON AGENDA AUTHORITY:City Council
PURPOSE:
POLICY:
PROCEDURE:
The purpose of this policy is to establish an orderly process and
procedure for consideration of council member requests for
placement of items on a future council agenda.
It is the policy of the City Council for individual council members to
agendize for discussion items that would require a significant
allocation of staff time or other resources.
A council member that has an interest in pursuing an item that will
require a significant amount of staff time or other resources
should take the following steps:
1.No later than Thursday prior to a council meeting,the council
member should advise the City Clerk of the subject matter
he/she would like discussed.This may be done in writing or
simply through an oral request.
2.Upon receipt of the request,the City Clerk will place the item
on the agenda under the heading "Future Agenda Item
Requests by Council Members."If the sUbmitting council
member provided supporting information,it will be included in
the agenda packet.
3.When the item is considered,the council will take action as to
whether staff resources should be further allocated to the
matter.If appropriate and approved by the council,the matter
may be referred to staff and returned to the council for
additional action.
F:\POLICIES\COUNCIL PLACEMENT OF ITEMS ON AGENDA (I-A-10)
1 6-27
City of Rolling Hills Estates'Code of Conduct
3.Be prepared,learn and study the background and purposes of items
before voting.To the extent possible,research issues and have
questions pertaining to business items addressed with appropriate
staff and the City Manager ~to regular meeting sessions.
4.Represent and work for the common good of the City and not .for any
private interests or personal gain.
5.Refuse acceptance,either directly or indirectly,of any gift
including money,any service,gratuity,favor,entertainment,
hospi tality,meals,loans,or anything else of value from anyone who
is doing or is seeking to do business with the City.
6.Faithfully perform all duties of office.
~.Refrain from disclosing any information,except with proper legal
authorization,received confidentially concerning the business of
the City or received during any closed session of the Council (or
Commission)held pursuant to state law.
8.Refrain from abusive conduct,personal charges or verbal attacks
upon the character,motives,ethics or morals of other members of
the·Council ,·Commissions,-Commi-ttee...Member.s,..s.taffor thELpubl.ic ,.o.r
other personal comments not germane to the issues before the Council
(Commissions or Committees).
9.Listen carefully,courteously and attentively to all public
discussions at Council (Commission or Committee)meetings and avoid
interrupting other speakers,including other Council (Commission or
Committee)members,staff,or the public.
10.Foster a positive attitude and constructively foster open
communication in dealing with the public,City staff and all City
officials--both elected and appointed.Officials should keep an
open mind in dealing with issues and attempt to work out solutions
and/or compromises which meet the needs and interests of all
parties.
11.In this City's Council/Manager form of government,the City Manager
is the "administrative head (Municipal Code Section 205)of the City
government under the direction and control of the City Council."
The City Council is the chief policy-making body of the City.
Direction to the City Manager on policy matters and issues shall
occur at regular and/or special sessions by a majority of the City
Council.
12.The use of City-owned equipment,materials,or property for personal
convenience or profit is prohibited,except when such services are
available to the public generally or are provided as municipal
policy for the use of such official in the conduct of official
business.
4
6-28
------\
13.Faithfully attend all sessions of the Council (Commissions or
Committees)unless unable to do so for some compelling reason or
disability.
14.Recognize the value of municipal organizations and associations
including the League of California Cities,California Contract
Cities Association,South Bay Cities Association,etc.,and
participate in their meetings and seminars when appropriate.
15.Accept as a personal duty the responsibility to keep up to date on
local,county,state and federal issues so as to promote this City's
business with professional competence,fairness,impartiality,
efficiency and effectiveness..
16.Involve appropriate City staff when meeting with outside City
officials,citizen groups,homeowners associations,county or
contract officials,development applicants,etc.,to insure proper
staff support as needed and to keep staff informed and abreast of
City issues.
17.Respect.support and when necessary,work to improve
intergovernmental relationships between this jurisdiction and other
--...neighboring ci.ties,_~the County._D.f_....Los __.Angel.es,__.the .Sta_te...D.L.
California,and the federal government.
18.Do not make unauthorized statements,commitments or promises which
might bind the City in any manner.
19.Do not testify at hearings,meetings,etc.,as a member of the
Council,Commission or Committee unless so directed by the City
Council.
20.Do not write letters representing the City or use City stationery
without Council authorization.
21.Disclose and declare all financial interests pursuant to the
Political Reform Act.
22.City officials shall not participate in the making of any
governmental decision which will foreseeably have a material
financial effect on their financial interests which is
distinguishable from its effect on the public generally.In those
situations in which a conflict of interest exists for a City
official,that official shall disqualify himself/herself from
participation in the whole decision-making process,including
discussing the issue,voting,making appointments,entering into
contractual agreements,negotiating with any individual regarding
the decision or participation in debates.
23.All City officials shall disclose any corruption,waste,abuse,
fraud,and bribery to appropriate authorities.
5
6-29
24.The promotion,employment,or appointment of a relative of an
elected or appointed City official to a City position other than for
part-time youth program positions is prohibited.
2S.City officials may not be involved in any City matter that involves
a business or organization in which that official is negotiating or
seeking employment with.
26.When a City official leaves the City to take a position with another
outside firm or company,the City shall refuse to enter into
discussions or negotiations with that individual representing his
firm for a period of 12 months following his departure from the
Ci ty .However,this policy does not preclude the Ci ty from
discussions or negotiations with such firm as long as the contact is
with another representative.
IV.CITY STAFF CODE OF BEHAVIOR
The following represents a set of standards of behavior to guide the
conduct of all City employees.As mentioned at the outset of this
document,special circumstances or situations may not be easily resolved
by----stmp-lyreferring-tothis-policy.--P-leas-e--contact--your-supervisoro'l:"
department head for assistance or interpretation if necessary.
A.Actions and Conduct Designed to Build Public Confidence.
Individuals in the City service shall not only be ever conscious
that public service is a public trust but also be impartial and
devoted to the best interests of the City,and shall so act and
conduct themselves,both inside and outside the City's service,so
as not to cause distrust of their impartiality or of their
dedication to the City's best interests.City staff shall disclose
corruption,waste,abuse,fraud,and bribery to appropriate
authorities.
B.General Rule with Respect to Conflicts of Interest.Employees
should not engage in nor shall they have any interest,direct or
indirect,in any business or transaction,not incur any obligation
which is in substantial conflict with the proper discharge of their
official duties in the public interest,or which impairs their
independence of judgment in the discharge of such duties;nor should
employees engage in conduct which will reasonably give rise to the
appearance of wrongdoing.
C.Acceptance of Favors and Gratuities.Employees should not accept
money or other consideration or favors from anyone other than the
City for the performance of an act which would be required or
expected to perform in the regular course of their duties;nor shall
any employees accept any gifts,gratuities,including meals.or
favors of any kind from individuals or firms doing business or
proposing to do business with the City.
6
M:\Policy Issues\Rules of Procedure\RHE Code of Conduct.doc
6-30
June 2009
INCORPORATEH 19:1!J
CITY COUNCIL OPERATING GUIDELINE~
The City Council has developed a number of operating guidelines through a
series of facilitated Team Building Workshops in January 1990,September
1990,June 1991,June 1994,July 1999,December 2007,and June 2009.
These serve as the basis for the interrelationships of the Council/City
Manager/professional staff.
·1.Mayor-'s Role.The Council has articulated a role they feel the
Mayor can best perform for the Council and community ..'"
*Facilitate communication between public and City Council-
following up on letters and questions from the public to the
Mayor and City Council..
*Continue to oner solutions to community concerns,and be
receptive to Council input.Develop consensus.
*Work with City Manager to assure that Council goals are
accomplished.
*Run a smooth and controlled Council meeting.Stay focused
on the agenda items.
2.Agen.da Process.Mayor/City Manager consultative
relationship in preparation and timing of issues.Not construed
as a veto over issues.Mayor acts as a representative of the
CounciL Individual Council members may request that an item
of concern be scheduled for a future agenda;and they will
coordinate this request with the Mayor.If the Mayor declines
to place an item on the agenda,the Councilmember may make
the request under City Council reports and shaH,as a courtesy,
inform the 1\'layor in advance.If a majority of the Council
agrees"then the item will be placed on a future agenda.
Maym-/Councilmembers'Role in Press Relationships.
Mayor serves as Council spokesperson for Council-related
issues.City Manager's role is to prepare press releases and
convey Council policy with concurrence of Mayor.Council
1
6-31
members shall not submit letters-to-the-editor wherein they are
identified as Council members.
4.Mayor's Role in Community Forums.Should individual
Council members receive requests for speaking invitations from
service clubs,homeowners'associations and other organized
groups within the City,they will consult with the Mayor.
Unless s/he determines otherwise,the Mayor would be the
person to speak in fr~nt of these groups.
5.Council Committees.Council liaison represents the City
Council and does not pursue their own personal agenda.
Council looks to the liaison as the lead in communicating back
from the committee.Liaison to update the full Council on
committee progress at the next Council meeting at the
appropriate point on the agenda (under "City Councilmembers'
Reports").Minutes of the committee meeting shall be
forwarded to the Council as well.
6.City Council/City Manager Interrelationships.The City
Manager serves as the Administrative head of City Government
and drives the process of "continuous improvement."In
performing his role,he must discuss matters with staff,
reconcile differences,prepare recommendations,and delineate
options for City Council policy determination.If the City
Manager differs with staff in a matter within their expertise
(engineering,legal matters,public safety,risk management)
that is significant or consequential,the City Manager shall
apprise the Council of this difference.This is most relevant to
matters that affect the public's perception of the City.The City
Manager shall develop a "List of Upcoming Agenda Items"that
will be periodically updated and distributed to the Council.
7.City Council/Staff Interrelationships.Councilmembers
should feel free to contact depmiment heads with constituent
concerns that fall within the purview of the particular
department,to make inquiries,or to receive information.But
the Councilmember should not give any direction to staff on
how to proceed.The below bullet points delineate guidelines
for Council/Staff interrelationships in further detail.
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~Council will not attempt to embarrass the staff in a public
setting.If an individual Councilmember has concerns
about a particular Agenda item,he will ask questions of
staff prior to the meeting.No "blindsiding".
~Vvhile it is perfectly appropriate for a Councilmember to
convey resident concerns to the staff,it is not appropriate
for a Councilmember to individually negotiate with a
contractor or vendor with respect to any matter pertaining
to the City.
~Additionally,no individual Councilmember,nor City
Committee or Commission,has the authority to commit
City funds to any project.Recommendations for the
expenditure of City funds must be submitted to the full
Council.The final decision is the Council's.
8.Council Dissent.It is entirely appropriate for an individual
Councilmember to argue their point of view with the Council
before a vote is taken on the issue.However,once the Council
has made its determination on how to proceed,it is
inappropriate for an individual Council member to publicly
criticize a Council decision.Mutual respect is an indispensable
ingredient for the Council to function effectively as a group.
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Palos Verdes Peninsula usn
Exhibit
Governance Standards
E9005
Board Bylaws
PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT
BOARD OF EDUCATION PROTOCOLS
The Board of Education of the Palos Verdes Peninsula Unified School District will emphasize
policymaking,planning and advocacy for the benefit of all children.To support a partnership in
responsibility and teamwork the Board agrees to the following protocol guidelines.
1.Issue:Climate
Protocol:
a.The Board will operate in a climate of mutual trust,expecting accountability with
tolerance.
b.The Board will work toward positive staff morale with emphasis on positive
reinforcement when applicable.
2.Issue:Handling concerns from the public and staff
Protocol:
a.Individual Board members do not have authority.Only the Board as a whole has
authority.We agree that a Board member will not take individual action.
b.The last stop,not the first,will be the Board.
c.When someone expresses a concern we will listen carefully.We will then direct that
person to the person in the district most appropriate and able to help them resolve their concern.
d.In the event of a complaint,we will make sure it is understood the appropriate order of
whom to contact (teacher,then principal,then district staff).We agree to follow the chain of
command and insist that other do so.
e.We will encourage follow-up to ensure concerns have been addressed.
3.Issue:Board meeting management
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Protocol:
a.The agenda will be set only with the approval ofthe Board President and Superintendent.
b.Board meetings are meetings of the Board held in public and not open forum town hall
meetings.
c.Board meetings are for decision-making,action,and votes.Board discussions should be
concise and pertinent to the issue.
d.We encourage debate and differing points of view and we will do it with care and respect.
4.Issue:Individual Board member requests for information
Protocol:
a.Suggestions made by individual Board members,which require Superintendent or staff
actions requiring greater than two hours work time,should be referred to the total Board for
consideration and direction at an officially constituted Board meeting.
b.When an individual Board member requests information it will be provided to all Board
members.
c.An individual Board member will work to let the Superintendent and staff know ahead of
time when a request for information will be made in public so the staff can be prepared to
provide a thorough answer.There will be no surprises in either closed or open session.
d.Individual Board member will self-monitor to ensure one person's request for information
does not divert an inappropriate amount of time from staff efforts to achieve district goals.
5.Issue:Voting and Board actions
Protocol:
a.Each Trustee respects the right of other Trustees to vote "no"on an issue.
b.It is courtesy to the governance team to explain the reason(s)for the "no"vote either
during deliberation or before casting the vote.
c.The Board believes that when no conflict of interest or other compelling reason requires
abstention,its members have a duty to vote on issues before them.
d.The Board embraces the "rule ofthree:After the gavel falls,all members of the
management team will support the majority decision.
e.The Board President or designee will be the official spokesperson for the Board.
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6.Issue:Schools visits and events
Protocol:
a.Board member will have school visits arranged by the Superintendent's designee.
b.The Superintendent or designee will ensure principals know that a teacher does not need
to interrupt his/her lesson when a Board member visits a classroom.
c.Board members will schedule their participation in district events with the
Superintendent's designee.
ExhibitPALaS VERDES PENINSULA UNIFIED SCHOOL DISTRICT
version:December 11,2008 Palos Verdes Estates,California
reconfirmed:February 22,2010
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