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RPVCCA_SR_2012_03_21_01_Council_Rules_of_ProcCITY OF CORRECTED REPORT RANCHO PALOS VERDES TO: FROM: DATE: SUBJECT: HONORABLE MAYOR &CITY COUNCIL MEMBERS MAYOR MISETICH AND COUNCILWOMAN BROOKS MARCH 20 and 21,2012 RULES OF PROCEDURE AND COUNCIL AND COMMISSION/COMMITTEE PROTOCOL RECOMMENDATION Introduce,discuss and revise as desired,the Rules of Procedure and Council and Commission/Committee Protocol.If Council is satisfied with the proposed revisions, adopt the revised Rules of Procedure and proposed Council and Commission/Committee Protocol. BACKGROUND During the regular City Council meeting on February 21,2012,Mayor Misetich appointed an ad hoc Council Subcommittee on Policy and Procedures consisting of Mayor Misetich and Councilwoman Brooks.This action was taken without objection from Council Members. The Subcommittee's stated purpose was to perform a comprehensive review of the Council Rules of Procedure and to develop a Protocol or Code of Conduct for Council Members and Members of City Committees and Commissions.This report will introduce the proposals by the Subcommittee for Council review,revision and proposed adoption.It should be noted that it was brought to the Subcommittee's attention that a draft report,which was pre~ared by staff,was incorrectly included in the agenda materials for the March 14t Teambuilding Workshop.The issuance was premature,as the draft was not reviewed and approved by the Subcommittee or the City Attorney.As such,it did not accurately reflect the intent of the Subcommittee proposal and hence the matter was rescheduled to this meeting,with the proper version of the Subcommittee's recommendations.The City Manager apologizes for this error and regrets any confusion it caused. R6876-000 1\1434 767v2.doc 1-1 Rules of Procedure and Council and Commission/Committee Protocol March 20 and 21,2012 Page 2 In order to allow additional time for consideration of this important business item,it is agendized for both Tuesday,March 20 th as well as the meeting scheduled for Wednesday,March 21 st. DISCUSSION 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 other updates to the rules that have since surfaced as potential challenges to the City's ability to conduct its business. The Subcommittee notes that Rancho Palos Verdes is one of the only cities in our area that does not have a Code of Conduct or Protocol in addition to Rules of Procedure. Other cities have found this to be a useful way to communicate their values and expectations for the smooth flow of business in an environment of mutual respect and clear purpose throughout the City organization. Specifically,the Subcommittee suggests that,like our neighboring cities,it is appropriate to have a protocol in place for Council Members and Members of City Commissions and Committees,so that conducting the City's business both at official City meetings and otherwise is accomplished in a professional manner.Therefore,the Subcommittee has respectfully asked the full City Council to consider and adopt a protocol in addition to the 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.In particular,the proposed Protocol borrows heavily from Code of Conduct that was adopted by Rolling Hills Estates. The Subcommittee,therefore,offers these suggested revisions to the City Council Rules of Procedure and proposes a new Protocol as a means of improving the quality of governance in the City,and to reduce or eliminate any appearance of impropriety in the conduct of City business. SUMMARY OF PROPOSALS The following table summarizes the primary revisions suggested by the Subcommittee. R6876-0001\1434767v2.doc 1-2 Rules of Procedure and Council and Commission/Committee Protocol March 20 and 21,2012 Page 3 I Subsection Description and Comments A new preamble to the Rules of Procedure is suggested.The pre- None (p.3)amble notes that the rules are intended to apply to the conduct of City Council meetinqs. Change the rules of order that are 2.5 (pA)used from Robert's Rules of Order to Rosenberl:ts Rules of Order Clarify that the City Manager and City 2.6 and 2.7 (pA-5)Attorney report to and serve at the pleasure of the City Council. The Subcommittee suggests clarifying Closed Session language in §3.5 to note that the Meetings,§3.5 (p.6)Mayor presides in closed session,with information provided by the City Attorney and the City Manaqer. The Subcommittee suggests adding §3.10,which includes language about Civic Events,§3.1 0 coordinating the attendance of a (p.7)quorum of the Councilmembers at civic or other events where City business will be discussed. A new introductory paragraph is suggested,noting that with the advice of the Mayor,or the Mayor Pro Tem when the Mayor is absent,the City Manager prepares the agenda for City Council meetings.The full City Council is to be provided with weekly updates on future agendas.Large Section 5 and 5.1 (pp.agendas that exceed the 4-hour time 8-9)limit are discouraged. The paragraph also sets forth a procedure by which an individual Councilmember can request that an item be added to an agenda by raising the issue with the Mayor or the City Manager.If the Councilmember's request is declined,the Council member may brinq the matter R6876-0001\1434767v2.doc 1-3 Rules of Procedure and Council and Commission/Committee Protocol March 20 and 21,2012 Page 4 Subsection Description and Comments up at a Council meeting under the business item entitled "Future Agenda Items,"which also has been added to the Order of Business set forth in Section 5.1. The Subcommittee suggests clarifying language in §5.7 to note that the Consent Calendar is for routine matters and not for new business that requires Council discussion. Staff suggests adding a new sub- section that describes the duties of boards,committees and commissions. The proposed language is drawn from the City's Advisory Board handbook City Boards,Com mis-and stresses that other than the Planning Commission,the role ofsionsandCommittees, §9.2 (p.16)these bodies is advisory.These bodies are not authorized to make policy decisions,commit City resources (personnel or materiel)or generate work product that is more appropriately the duty and responsibility of professional City Staff. The Subcommittee suggests adding City Council Subcom-§9.3 for City Council Subcommittees. The subsection describes the com-mittees,§9.3 (p.16)position (Le.,2 Councilmembers)and function of Subcommittees Since the Protocol is entirely new,it is not contained in the table above. CONCLUSION In conclusion,Staff recommends that the City Council discuss and revise as desired, the Rules of Procedure and Council and Commission/Committee Protocol.If the City Council is satisfied with the proposed revisions,adopt the revised Rules of Procedure and proposed Council and Commission/Committee Protocol. R6876-0001 \1434 767v2.doc 1-4 Rules of Procedure and Council and Commission/Committee Protocol March 20 and 21,2012 Page 5 Attachments: •Proposed Amended Rancho Palos Verdes City Council Rules of Procedure •Current Rancho Palos Verdes City Council Rules of Procedure •Proposed Council and Commission/Committee Protocol •Rosenberg's Rules of Order,revised 2011 •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 •Pa'ios Verdes Peninsula Unified School District Governance Protocols R6876-0001\1434767v2.doc 1-5 Proposed Amended Rancho Palos Verdes City Council Rules of Procedure 1-6 RANCHO PALOS VERDES CITY COUNCIL RULES OF PROCEDURE LAST AMENDED:December 20,2011 March .2012 R6876-0001\-J.-4.34..7..78H14.6£1v1.doc R6876-0001\1434779v1.doc 1-7 Subject 1. 2. /\uthority General Rules Table of Contents Page 3 3 R687 6-0001 \-J-4M.+.7&l4.3.4.Q&1v1 .doc R6876-0001\1434779v1.doc 1-8 TABLE OF CONTENTS ~ 1.AUTHORITy 4 2.GENERAL RULES 4 2.1 Quorum ~ 2.2 Vacancy by Unexcused Absence ~ 2.3 Minutes of Proceedings ~ 2.4 Right of Floor ~ 2.5 Rules of Order ~ 2.6 City Manager ~ 2.7 City Attorney 4~ 2.8 City Clerk 4~ 2.9 Deputy City Manager/Department Heads/Employees .4~ 3.Types of Meetings 3.TYPES OF MEETINGS 5 ~3.1 Public Meetings 4~ 3.2 Regular Meetings 4~ 3.3 Adjourned Meetings ~§ 3.4 Special Meetings ~§ 3.5 Closed Session Meetings ~§ 3.6 Work Session Meetings ~§ 3.7 Media Attendance ~§ 3.8 Recess 6Z 3.9 RedevelopmentSuccessor Agency and Improvement Authority Business 6Z 4.Duties of the Mayor 6 3.10 Civic and Other Events 7 4.DUTIES OF THE MAYOR 7 4.1 4.1 Election of the Mayor 6Z 4.24.2 Mayor Pro Tem 6Z 4.3 4.3 Presiding Officer 6Z 4.4 4.4 Call teTo Order 6§, 4.54.5 Preservation of Order 6§, 4.64.6 Point of Order :+§, 5.Order and Preparation of Agenda 7 5.ORDER AND PREPARATION OF AGENDA 8 ~5.1 Order of Business :+§, -5-,.2-5.2 Agenda Preparation 7Distribution 9 $-;3-5.3 Agenda Posting :+.9 &A-5.4 Minutes :+~ -i- R6876-0001\1434687yl doc R6876-0001\1434779v1.doc 1-9 TABLE OF CONTENTS (cont,) ~ ~5.5 Public Comments -(see Citizens'Rights in Section 6)··..······.·&fl ~5.6 Public Hearings ···..&fl ~5.7 Consent Calendar &10 ~5.8 City Council Oral Reports &1 0 ~5.9 Actions Limited to Posted Agenda &10 SubjectPage 6.Citizens'Rights 8 6.CITIZENS'RIGHTS 10 &:+-6.1 Addressing the Council &1 0 ~6.2 Personal and Slanderous Remarks 911 6-:3-6.3 Enforcement of Decorum M12 6-:4-6.4 Reading of Protests M12 ~6.5 Written Communications M12 7.Ordinances,Resolutions and Contracts 10 7.ORDINANCES,RESOLUTIONS AND CONTRACTS 12 ++7.1 Document Preparation M12 ~7.2 Document Approval.++13 +:J-7.3 Ordinance Introduction/Adoption ++13 +4-7.4 Majority Vote Required ++13 ::J..!j.-7.5 Ordinance Preservation ++13 8.Procedures Regarding Public Hearings 11 8.PROCEDURES REGARDING PUBLIC HEARINGS 13 &-1-8.1 Introduction ++13 &,2-8.2 Staff and Written Material Presentation ++13 ~8.3 Public Testimony +2-14 &+8.4 Council Deliberations H 15 ~8.5 Council Action H15 9.Boards,Commissions and Committees 13 9.BOARDS,COMMISSIONS,COMMITTEES AND SUBCOMMITTEES 15 9+9.1 Mayor/City Council Committee H 15 94-9.2 Citizen Boards,Commissions,and Committees +416 9.3 City Council Subcommittees 16 R6876-000 1\l434687yl ,doc R6876-0001\1434779v1.doc 1-10 TABLE OF CONTENTS (cont.) ~ 10.SUSPENSION AND AMENDMENT OF THESE RULES 17 -Uh-10.1 Suspension and Amendment of These Rules 14 17 10.1 Suspension 14 10.2 10.2 Amendment.+4 11.Miscellaneous Rules 14 17 11.MISCELLANEOUS RULES 17 11..1 Motion to be Stated +417 11.2 Roll Call Votes +417 11.3 Silence +&17 11.4 Continuance of an Item +&17 11.5 Personal Privilege +&18 11.6 Motion to Reconsider +&18 12.Rules of Debate 16 12.RULES OF DEBATE 18 +2d-12.1 Mayor as Presiding Officer +618. +2-:2-12.2 Appeals +618 +2-+12.3 Precedence of Motions +619 M876-000J\1434687yl doc R6876-0001\1434779v1.doc 1-11 PREAMBLE As discussed below.Government Code Section 36813 authorizes the City Council to adopt rules of procedure for the conduct of public meetings.The Rancho Palos Verdes City Council desires to amend the existing rules of procedure that apply in the formal setting of its City Council meetings.To this end,the City Council has adopted (and will,from time to time.revise) these Rules in accordance with the City's established from of Government. which is the City Council/City Manager form of Government.whereby the City Council establishes City policies and provides direction,and the City Manager is charged with carrying out the City Council's policies and direction.The purpose of these Rules is to ensure that the integrity of the government of the City of Rancho Palos Verdes is preserved,and remains accountable.transparent.efficient.proficient and responsive to the needs, desires and expectations of its constituents. R6876-0001\1434687vl doc R6876-0001 \1434779v1.doc 1-12 1.AUTHORITY RULES OF PROCEDURE 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 are amended or new rules are adopted in the manner provided by these Rules. GENERAL RULES2. 2.1 2.1 Quorum Three members of the Council shall constitute a quorum necessary to transact business.In the event a quorum is not in attendance,the City Clerk will adjourn the meeting to a later set time. 2.2 2.2 Vacancy by Unexcused Absence If a City Councilmember is absent without permission from all regular City Council meetings for 60 days consecutively from the last regular meeting s/he attended,his/her office becomes vacant and shall be filled as any other vacancy,as provided by Government Code Section 36513. 2.3 Minutes of Proceedings An account of all public proceedings of the City Council shall be recorded by the City Clerk or his/her designee and entered into the official minute books of the Council. These minutes shall be available to the public following approval by the Council. 2.4 Right of Floor Any Councilmember desiring to speak shall first be recognized by the Mayor and shall confine any remarks to the subject under consideration. 2.5 Rules of Order In all matters and things not otherwise provided for herein,the proceedings of the Council shall be governed by "RobsliRosenberg'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 The City Manager reports to and serves at the pleasure of the City Council.The City Manager shall attend all meetings of the Council unless excused,and in his/her absence,the Deputy City Manager or Acting City Manager shall substitute.The City R6876-0001\1434687yl doc R6876-0001\1434779v1.doc 1-13 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 The City Attorney reports to and serves at the pleasure of the City Council.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 oral,on questions of law and shall act as the Council's parliamentarian. 2.8 City Clerk The City Clerk or his/her designee shall attend all meetings of the Council unless excused by the City Manager,and in her/his absence,the Deputy City Clerk shall substitute.The City Clerk shall record,prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council and/or City Manager. 2.9 Deputy City Manager/Department Heads/Employees The Deputy City Manager,Department Heads and other city employees,as directed by the City Manager,shall attend Council meetings. 3.TYPES OF MEETINGS 3.1 Public Meetings All meetings (except closed sessions as provided by State law)of the Council shall be open to the public. 3.2 Regular Meetings The City Council shall meet in the City Council Chambers located at Fred Hesse Community Park,29301 Hawthorne Boulevard,for all regular meetings.Regular meetings of the City Council shall be held on the first and third Tuesday of each month at the hour of seven p.m.in the Council Chambers except as follows: 1.1.When 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. 2.2.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. unless a regular meeting is adjourned to,or a special meeting is called for,such time. R6876-000J\J434687yJ doc R6876-0001\1434779v1.doc 1-14 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 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 after 11 :00 p.m.or to consider new business after 10:15 p.m.If the meeting ends before all of the items listed on the agenda are completed,any unfinished business will be continued to the next succeeding day,which is not a holiday,at a location to be determined.The City Clerk, or his or her deputy,will post notice of any continued hearing or other unfinished business,as required by law. 3.3 3.3 Adjourned Meetings Any meeting of the City Council may be adjourned to a later date,place and time, provided no adjournment is for a longer period than the next regularly scheduled meeting. 3.4 Special Meetings Special meetings may be called by the Mayor or by a majority of the Council members. The notice for a special meeting must specify the subject(s)to be considered.In accordance with Government Code Section 54956,twenty-four hours notice must be given prior to the meeting;only the matters specified in the notice may be discussed at special meetings. 3.5 Closed Session Meetings Closed sessions may be held in accordance with the provisions of the Brown Act.The City Attorney shall attend all closed sessions either in person or telephonically,unless his or her performance is being reviewed.Closed sessions shall be presided over by the Mayor.with the presentation of information by the City Attorney and/or City Manager and City Staff.with discussion and decisions by the City Council,in accordance with the provisions of the Brown Act.. 3.6 3.6 Work Session Meetings 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. 3.7 3.7 Media Attendance 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, R6876-0001\1434687yl doc R6876-0001\1434779v1.doc 1-15 television,or photography,provided such recordings do not interfere with the orderly conduct of the meetings. 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. 3.9 Business 3.9 RedevelopmemSuccessor Agency and Improvement Authority Unless otherwise directed by the City Council,upon adjournment of the City Council meeting held on the first Tuesday of each month,the City Council will meet as the Successor Agency to the Rancho Palos Verdes Redevelopment Agency and then as the Ranoho Palos Verdes Improvement Authority of the City. 3.10 Civic and Other Events If a quorum or more of the Members of the City Council will attend an event where City business will be discussed by a quorum of the City Council.the Council Members shall notify the City Manager so that the event can be noticed as a City Council meeting,in accordance with the provisions of the Brown Act.City expenditure for other invited guests (as permitted by State law)must be approved by the City Council at a regularly- scheduled City Council meeting that is held in advance of the event. 4.DUTIES OF THE MAYOR 4.1 Election of the Mayor The Mayor is a member of the City Council and is annually elected by majority vote of the City Council at the first regular meeting in December or,in the case of an election year,upon certification of the election results.The individual who is elected by the City Council to be the Mayor serves as Mayor at the pleasure of the City Council.As a member of the City Council,the Mayor shall have all the powers of a member. 4.2 Mayor Pro Tem The Mayor Pro Tem shall be selected by a Council majority vote.The individual who is elected by the City Council as Mayor Pro Tem serves as Mayor Pro Tem at the pleasure of the City Council. 4.3 Presiding Officer The Mayor,if present,shall preside.In the Mayor's absence,the Mayor Pro Tem shall preside.In the absence of both,the Councilmembers present shall elect a Presiding Officer. R6876-000111434687vl doc R6876-0001\1434779v1.doc 1-16 4.4 Call To Order 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. 4.5 Preservation of Order 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. 4.6 Point of Order The Mayor shall determine all points of order,subject to the right of any member to appeal.If an appeal is taken,the question shall be,"Shall the decision of the Mayor be sustained?" 5.ORDER AND PREPARATION OF AGENDA With the advice of the Mayor.or if the Mayor is not available the Mayor Pro Tem.the City Manager prepares the agenda.including the order and priority of agenda items. and the estimates of the time that should be required for the City Council to review, consid~r ~nd tak~action re9..-~_each agenda item.All other members of the City Council shall be made aware of tentative agendas for upcoming meetings on a weekly basis.Care must be exercised so that the items that will be addressed on each Council agenda can be completed within the designated four-hour time limit for City Council meetings.The City Staff shall strive to provide staff reports to the City Council with sound.professional recommendations on a course of action for all City issues. to the maximum extent practical.along with pertinent facts and analysis to enable the City Council to make an informed decision. An individual Councilmember may request that an item of concern be placed on a future agenda.Such requests may be made to the Mayor or to the City Manager.If the Mayor and City Manager decline to place the requested item on an upcoming Council agenda.the Councilmember may make the request directly to the City Council at a City Council meeting under the business item entitled "Future Agenda Items"and shall.as a courtesy,notify the Mayor in advance.A majority of the Members of the City Council must vote to place the item on a future agenda,and if that action is taken,the City Council also may specify the meeting agenda upon which the item shall be placed.All agenda items shall be accompanied by a staff report.If a Councilmember prepares a report for an agenda item,it shall be submitted to the City Manager at the same time that other agenda reports are to be submitted. R6876-000111434687vl doc R6876-0001\1434779v1.doc 1-17 5.1 Order of Business 1.Call to Order,Roll Call,Pledge of Allegiance 2.Ceremonial 3.Mayor's Announcements 4.Recycling Drawing 5.Approval of Agenda 6.Public Comments 7.7.City Manager Reports.a.8.Consent Calendar 9.9.Public Hearings 10.10.Regular Business 11.Future Agenda Items 12.11.City Council Oral Reports 13.12.Closed Session Report 14.13.Adjournment 5.2 Agenda PreparationDistribution The Agenda shall be prepared in accordance with the preparation procedllfe,as directed by the City Manager.In consultati.on '.villi the Mayor and/or Mayor Pro Tern,each agenda item shall include an estimate of..the-t4m:e-tha:t-.g:j'touJd-be-feqHj.~e-"·G~}I:lHeil to review,,*,}l1&}der al.'itl take action regarding that agenda item. The Agenda shall be delivered to the Mayor and Councilmembers as soon as practicable after 5:0030 p.m.on the \Vednesday Thursday preceding the Tuesday meeting.The agenda shall be posted on the bulletin board at City Hall at the same time that it is distributed to the City Councilmembers.If the agenda is distributed to City Councilmembers after 5:30 p.m ..the full agenda packet.inclUding reports.shall be made available to the public upon request.without delay.in accordance with the provisions of the Brown Act. 5.3 Agenda Posting The City Clerk shall post,in a location that is freely accessible to members of the public and on the City's website,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 description of each item of business to be transacted or discussed. 5.4 Minutes Unless requested by Council,minutes may be approved without reading if the City Clerk previously furnished a copy to each member. 5.5 Public Comments -(see Citizens'Rights in Section 6) During Public Comments any person may address the Council,provided that the item is within the subject matter jurisdiction of the Council and is not otherwise on the agenda. R6876-0001\1434687yl doc R6876-0001\1434779v1.doc 1-18 5.6 Public Hearings Items requiring a Public Hearing will be published and/or mailed to property owners as required by law. 5.7 Consent Calendar Items listed under the Consent Calendar are those items staff believes will not require Council discussion and are considered ministerial-aOO,j,routine.Also,the and of a periodic or recurring nature.The Consent Calendar frequently contuinsalso may contain resolutions confirming prior Council action.However.the Consent Calendar is not for new policies that have not been discussed previously by the City Council:such items or any item that is anticipated to require discussion by the City Council should be placed under the business item entitled Regular Business. Any member of the Council may remove an item for discussion or clarification.Items removed from the Consent Calendar will be heard after the Regular Business section of the agenda,unless otherwise directed by the City Council.If an item has been removed from the Consent Calendar,and a member of the public has requested to speak to that item,the item shall be heard immediately after the Consent Calendar. 5.8 City Council Oral Reports 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.Councilmembers are required to provide a brief oral report on their attendance at any meetings where City funds have 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. 5.9 5.9 Actions Limited to Posted Agenda The City Council shall not take action on any item not appearing on the posted agenda except under the conditions permitted by Government Code Section 54954.2 (Brown Act). 6. 6.1 CITIZENS'RIGHTS e-6.:+1------Addressing the Council 1.Any person may address the Council on the following portions of the agenda: (a)Public Comments as provided in Section 5.5. (b)Public Hearings as provided in Section 8. R6876-0001\J434687yJ .doc R6876-0001\1434779v1.doc 1-19 (c)All other portions of the agenda prior to the vote,if any, being taken. 2.The following shall apply: (a)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 discussion. (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 requesting to speak,the length of the agenda,or the business of the Council. 6.2 6.2 Personal and Slanderous Remarks No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct,including the utterance of loud,threatening,profane or abusive language, personal,impertinent or slanderous remarks,whistling,stamping of feet,booing or other acts which disturb,disrupt or otherwise impede the orderly conduct of any Council meeting.Applause will be permitted,as deemed acceptable by the Mayor,except during public hearing items. Any person who conducts himself or herself in the aforementioned manner shall,at the discretion of the Mayor or by a majority of the Council,pursuant to a point of order requested pursuant to Section 4.6 of these Rules of Procedure,be barred from further audience before the Council during the meeting. The Mayor shall request that a person who is breaching these rules of conduct be orderly and silent.If,after receiving a warning from the Mayor,a person persists in disturbing the meeting,the Mayor shall order the person to leave the Council meeting. If such person does not immediately remove himself or herself,the Mayor may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the R6876-0001\1434687yl doc R6876-000 1\1434779v1.doc 1-20 Council to remove the person from the Council Chambers.Alternatively,the Mayor may recess the meeting until a law enforcement officer is able to arrive and remove the person. fl.,6.c:+3---Enforcement of Decorum After issuing a verbal warning,the Mayor shall order removed from the Council Chambers any person or persons who commit the following acts in respect to a regular or special meeting of the City Council: 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. 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. fl.,6.:,,+4---Reading of Protests Interested persons or their representatives may address the Council for the reading of protests,petitions or communications relating to the matter under consideration if a majority of the Council agrees that the person should be heard.Such presentation shall be subject to the time limits that have been established for addressing the City Council. ~6.;35---Written Communications Any person(s)may submit written comments to the Council through the City Clerk or City Manager's office and request that Council receive copies in the agenda packet provided such written comments are received in sufficient time to include them in the agenda packet.Written communications may consist of letters,facsimiles or messages received by electronic mail.Written communications that are submitted after the agenda has been distributed to the City Council will be distributed to the City Council as late correspondence. 7. 7.1 +-7.---IORDINANCES,RESOLUTIONS AND CONTRACTS +7.:-±-1---Document Preparation The content and form of all ordinances and resolutions shall be approved by the City Attorney.No ordinance shall be prepared for presentation to the Council unless R6876-0001\1434687yl doc R6876-0001\1434779v1.doc 1-21 ordered by a majority vote of the Councilor prepared by the City Attorney on his/her own initiative. +:7.:.z:2---Document Approval All ordinances,resolutions,and contracts shall,before being placed on the agenda,be approved as to form and legality by the City Attorney.All documents shall be reviewed by the City Manager. +-:7.:+3---0rdinance Introduction/Adoption A proposed ordinance will be read by title only unless a Council member 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 ordinance has been introduced for first reading,it can be placed on the Consent Calendar for adoption at a subsequent meeting. +:7.4-4---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 be adopted by a majority vote of the Council Members who are present.) +7.;-3-5---0rdinance Preservation Following adoption of an ordinance,the City Clerk will assign it a number and post it according to state law.All ordinances are filed and preserved in the City Clerk's Office . .a. 8.1 &8.c-----PROCEDURES REGARDING PUBLIC HEARINGS Introduction The Mayor announces the subject of the public hearing and declares the public hearing open. 8.2 1. R6876-0001\1434687yl doc R6876-000 1\1434779v1.doc Staff and Written Material Presentation Staff summary report,which shall include the findings and determinations that the City Council is required to make,included in the agenda packet is received and filed.Written comments (e.g. protests,etc.)are noted for the record. 1-22 8.3 2. 3. 4. 5. 1. 2. Written material not in the agenda packet,if any,is received and filed. Oral staff report,if any,is presented by a staff member,unless waived by the Council. Staff responds to Councilmember 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,Council members shall refrain from stating their final position or how they intend to vote on the issue until all public testimony has been received. Public Testimony 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. The Mayor's instructions to the audience will vary and will depend upon the issue being discussed.Generally,the instructions will follow these general guidelines: (a)participants must speak from the podium; (b)that-the normal time limit for each speaker is three minutes; (c)that-repetition should be avoided;and, (d)that-speakers will be discouraged from reading a submission that has been copied and is contained in the agenda materials . .a.3.Although the normal time limit is three minutes for each speaker,the Mayor may grant additional time to a representative speaking for an entire group.However,this should not discourage anyone from addressing the City Council individuallYt.Speakers may not allocate assign their time to another speaker,absent approval by the Mayor. 4.The appellant or their representative speaks first and will generally be allowed ten minutes.If the applicant is different from the appellant,the applicant or their representative will speak following the appellant and will also be allowed ten minutes to make a presentation.Other public speakers will follow the presentation by the appellant and the applicant.Normally,the applicants and appellants will be limited to a three minute rebuttal (if requested). R6876-0001\1434687vl doc R6876-0001\1434779v1.doc 1-23 5.At the Mayor's discretion,staff and/or Council will answer questions by speakers after the completion of the speaker's testimony. 6.6.Council will generally reserve questioning of individual speakers until after the completion of the speaker's testimony. 8.4 8.5 1. 2. 1. Council Deliberations After the Mayor has determined that there is no more public testimony,the Council will then deliberate on the matter. 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. 4.During Council deliberations,the Mayor will allow each Councilmember to speak once prior to allowing another Councilmember to speak again.Councilmembers should strive to avoid repetition.Councilmembers may be permitted to ask questions of each other or debate relevant issues as part of their deliberations. Council Action Council may,at this point,continue the open public hearing. (a)This should be done if any additional information is requested (e.g.a staff report). (b)Continuing a public hearing to a specific date does not require additional notice. 2.The Council may: (a)Close the public hearing and vote on the item; (b)Offer amendments or substitute motions allowing additional public comment;or (c)Close the public hearing and continue the matter to a later date for a decision.(NOTE:No additional reports or testimony may be received after the public hearing has been closed.) R6876-000J\J434687yJ doc R6876-0001\1434779v1.doc 1-24 .i.."'J.:9.,.......----BOARDS,COMMISSIONS-AND!COMMITTEES AND SUBCOMMITTEES >+9.:+1----Mayor/City Council Committee At the first or second meeting in January of each year,the Mayor shall appoint Councilmembers to serve on various committees,which require a Council representative. 9.2 Citizen Boards,Commissions,and Committees 1.Creation The City Council may create boards,commissions,or committees to act as advisory boards to the Council. 2.Appointments The City Council shall make appointments to ~boards, commissions and committees.All committee and commission applicants will be interviewed by the City Council at a public meeting.All appointees serve at the pleasure of the City Council. 3.Duties Other than the Planning Commission.whose duties are specified in the Municipal Code and the California Government Code.the primary purpose of City Boards.Commissions and Committees is to act in an advisory capacity to the City Council and City Manager.not as a policy-making body.City Boards.Commissions and Committees have no authority to commit City resources such as personnel.time,materials.or money without approval of the City Council.They provide the residents' perspective and assimilate information from Staff.consultants and the public. Also.just as they are not authorized to make policy decisions for the City Council and City Manager,members of City Boards, Commissions and Committees are not expected to take the place of City Staff or do work that is more properly handled by City Staff. 4.~Dissolution Except as provided by the City's Municipal Code,the City Council may dissolve an existing board,commission,or committee if the Council finds that the purpose of the advisory board is no longer necessary or required. 9.3 City Council Subcommittees City Council Ad-Hoc and Standing Subcommittees may be created by the City Council from time to time to gather information and report back to the full City Council.City R6876·QQQl\1434687yl doc R6876-0001\1434779v1.doc 1-25 Council Subcommittees shall work collaboratively with Staff in an expeditious and deliberate manner subject to instructions from the full City Council on the extent and duration of the Subcommittee's actions.Financial considerations must be taken into account regarding allocation of Staff time. City Council Subcommittees shall be composed of two City Councilmembers to coordinate activities germane to the assigned task or topic.A Staff liaison may be appointed by the City Manager to receive input.provide feedback and offer expertise, where needed.Subcommittee Reports will be conveyed to the full City Council as deemed appropriate by the City Council or the Subcommittee.The City Council should respect the Subcommittee framework and offer input to the process through its two members. ±llOIh-.---SUSPENSION AND AMENDMENT OF THESE RULES +110+:-.1-l---Suspension 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 temporarily suspended by a majority vote of the Council members who are present. +11O'+".2,t,---Amend ment 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. ±-llh.---MISCELLANEOUS RULES +1+::1.+1--Motion to be Stated The City Clerk shall state all motions submitted for a vote and announce the result. 11.2 11.2 Roll Call Votes Roll call votes shall be required for adoption of ordinances,adoption of resolutions, approval of agreements and actions involving the payment of money.Upon demand by a Councilmember,made before the "Nays"are called for,a roll call vote shall be taken on any motion before the Council.The Mayor Pro Tem's name shall be called second to last and the Mayor's name shall be called last with other members'names called at random by the City Clerk.Members shall not be required to give explanations of their vote during roll call. 11.3 11.3 Silence During a collective vote (Ayes and Nays),silence of any members denotes an affirmative vote. R6876-0001\1434687vl doc R6876-0001 \1434779v1.doc 1-26 11.4 11.4 Continuance of an Item 1.Continuance by a Council member Any Councilmember may make a motion to continue an item (not subject to a deadline)to the next agreed upon meeting.This continuance may only be denied by a majority vote of the Council. 2.Continuances Requested by Someone Not a Council member Anyone may request a continuance of an item and the Council,by a majority vote,may grant such a continuance.A request for a subsequent continuance may be granted by a majority vote of the Council only if it finds that: (a)The need for the continuance was beyond the control of the person requesting it; (b)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, (c)The continuance does not adversely affect the City,any of the affected parties,or the welfare of the City's residents. 11.5 11.5 Personal Privilege The right of a Council member to address the Council on a question of personal privilege shall be limited to cases in which the integrity,character,or motives of the Councilmember is in question,or where the welfare of the Council is concerned. 11.6 11.6 Motion to Reconsider A motion to reconsider any action taken by the Council may be made in accordance with the following: 1.The motion must be made by a member of the prevailing side, although it may be seconded by any Council member. 2.The motion must be made prior to the adjournment of the meeting at which the original action was taken. 3.The motion is debatable and has precedence over a pending motion. R6876-0001\1434687vl doc R6876-0001\1434779v1.doc 1-27 12.12.RULES OF DEBATE 12.1 12.1 Mayor as Presiding Officer The Mayor may move,second,and debate from the Chair,and shall not be deprived of any rights and privileges of a Councilmember. +.12&;;.2-c---.Appeals Any ruling of the Mayor may be appealed at the request of a Councilmember.The Mayor shall call for a roll call vote to determine if the ruling is upheld. +12&..::t3--Precedence of Motions When a motion is before the Council,no motion shall be entertained except: 1.Motion to Amend 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 each amendment being voted on separately.There shall only be one amending motion on the floor at anyone time. 2.Motion to Postpone 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. 3.Motion to Table A motion to table is undebatable and not subject to amendment.The purpose of a motion to table is to temporarily bypass the item.If a motion to table is adopted,the item may be taken from the table at any time prior to the adjournment of the next regular meeting.If the item is not taken from the table in the time specified,the business of the item is killed. R6876-000J\J434687vJ doc R6876-0001\1434779v1.doc ** -20-= * 1-28 Current Rancho Palos Verdes City Council Rules of Procedure 1-29 RANCHO PALOS VERDES CITY COUNCIL RULES OF PROCEDURE LAST AMENDED:December 20,2011 1-30 Table of Contents Subject Page 1. 2. 3. 4. Authority General Rules 2.1 Quorum 2.2 Vacancy by Unexcused Absence 2.3 Minutes of Proceedings 2.4 Right of Floor 2.5 Rules of Order 2.6 City Manager 2.7 City Attorney 2.8 City Clerk 2.9 Deputy City Manager/Department Heads/Employees Types of Meetings 3.1 Public Meetings 3.2 Regular Meetings 3.3 Adjourned Meetings 3.4 Special Meetings 3.5 Closed Session Meetings 3.6 Work Session Meetings 3.7 Media Attendance 3.8 Recess 3.9 Redevelopment Agency and Improvement Authority Business Duties of the Mayor 3 3 3 3 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 6 6 6 4.1 4.2 4.3 4.4 4.5 4.6 Election of the Mayor Mayor Pro Tem Presiding Officer Call to Order Preservation of Order Point of Order 6 6 6 6 6 7 5.Order and Preparation of Agenda 5.1 Order of Business 5.2 Agenda Preparation 5.3 Agenda Posting 5.4 Minutes 5.5 Public Comments (see Citizens'Rights in Section 6) 5.6 Public Hearings 5.7 Consent Calendar 5.8 City Council Oral Reports 5.9 Actions Limited to Posted Agenda 7 7 7 7 7 8 8 8 8 8 City Council Rules of Procedure December 20,2011 Page 1 1-31 Subject Page 6.Citizens'Rights 8 6.1 Addressing the Council 8 6.2 Personal and Slanderous Remarks 9 6.3 Enforcement of Decorum 10 6.4 Reading of Protests 10 6.5 Written Communications 10 7.Ordinances,Resolutions and Contracts 10 7.1 Document Preparation 10 7.2 Document Approval 11 7.3 Ordinance Introduction/Adoption 11 7.4 Majority Vote Required 11 7.5 Ordinance Preservation 11 8.Procedures Regarding Public Hearings 11 8.1 Introduction 11 8.2 Staff and Written Material Presentation 11 8.3 Public Testimony 12 8.4 Council Deliberations 13 8.5 Council Action 13 9.Boards,Commissions and Committees 13 9.1 Mayor/City Council Committee 13 9.2 Citizen Boards,Commissions,and Committees 14 10.Suspension and Amendment of These Rules 14 10.1 Suspension 14 10.2 Amendment 14 11.Miscellaneous Rules 14 11.1 Motion to be Stated 14 11.2 Roll Call Votes 14 11.3 Silence 15 11.4 Continuance of an Item 15 11.5 Personal Privilege 15 11.6 Motion to Reconsider 15 12.Rules of Debate 16 12.1 Mayor as Presiding Officer 16 12.2 Appeals 16 12.3 Precedence of Motions 16 City Council Rules of Procedure December 20,2011 Page 2 1-32 1.AUTHORITY RULES OF PROCEDURE 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 are amended or new rules are adopted in the manner provided by these Rules. 2.GENERAL RULES 2.1 Quorum Three·members of the Council shall constitute a quorum necessary to transact business.In the event a quorum is not in attendance,the City Clerk will adjourn the meeting to a later set time. 2.2 Vacancy by Unexcused Absence If a City Councilmember is absent without permission from all regular City Council meetings for 60 days consecutively from the last regular meeting s/he attended,his/her office becomes vacant and shall be filled as any other vacancy,as provided by Government Code Section 36513. 2.3 Minutes of Proceedings An account of all public proceedings of the City Council shall be recorded by the City Clerk or his/her designee and entered into the official minute books of the Council. These minutes shall be available to the public following approval by the Council. 2.4 Right of Floor Any Council member desiring to speak shall first be recognized by the Mayor and shall confine any remarks to the subject under consideration. 2.5 Rules of Order 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 The City Manager shall attend all meetings of the Council unless excused,and in his/her absence,the Deputy City Manager or Acting City Manager shall substitute.The City Council Rules of Procedure December 20,2011 Page 31-33 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 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 oral,on questions of law and shall act as the Council's parliamentarian. 2.8 City Clerk The City Clerk or his/her designee shall attend all meetings of the Council unless excused by the City Manager,and in her/his absence,the Deputy City Clerk shall substitute.The City Clerk shall record,prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council and/or City Manager. 2.9 Deputy City Manager/Department Heads/Employees The Deputy City Manager,Department Heads and other city employees,as directed by the City Manager,shall attend Council meetings. 3.TYPES OF MEETINGS 3.1 Public Meetings All meetings (except closed sessions as provided by State law)of the Council shall be open to the public. 3.2 Regular Meetings The City Council shall meet in the City Council Chambers located at Fred Hesse Community Park,29301 Hawthorne Boulevard,for all regular meetings.Regular meetings of the City Council shall be held on the first and third Tuesday of each month at the hour of seven p.m.in the Council Chambers except as follows: 1.When 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. unless a regular meeting is adjourned to,or a special meeting is called for,such time. City Council Rules of Procedure December 20,2011 Page 41-34 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 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 after 11 :00 p.m.or to consider new business after 10:15 p.m.If the meeting ends before all of the items listed on the agenda are completed,any unfinished business will be continued to the next succeeding day,which is not a holiday,at a location to be determined.The City Clerk, or his or her deputy,will post notice of any continued hearing or other unfinished business,as required by law. 3.3 Adjourned Meetings Any meeting of the City Council may be adjourned to a later date,place and time, provided no adjournment is for a longer period than the next regularly scheduled meeting. 3.4 Special Meetings Special meetings may be called by the Mayor or by a majority of the Councilmembers. The notice for a special meeting must specify the subject(s)to be considered.In accordance with Government Code Section 54956,twenty-four hours notice must be given prior to the meeting;only the matters specified in the notice may be discussed at special meetings. 3.5 Closed Session Meetings Closed sessions may be held in accordance with the provisions of the Brown Act.The City Attorney shall attend all closed sessions either in person or telephonically,unless his or her performance is being reviewed. 3.6 Work Session Meetings 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. 3.7 Media Attendance 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, television,or photography,provided such recordings do not interfere with the orderly conduct of the meetings. City Council Rules of Procedure December 20,2011 Page 5 1-35 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. 3.9 Redevelopment Agency and Improvement Authority Business Unless otherwise directed by the City Council,upon adjournment of the City Council meeting held on the first Tuesday of each month,the City Council will meet as the Redevelopment Agency and then as the Improvement Authority of the City. 4.DUTIES OF THE MAYOR 4.1 Election of the Mayor The Mayor is a member of the City Council and is annually elected by majority vote of the City Council at the first regular meeting in December or,in the case of an election year,upon certification of the election results.As a member of the City Council,the Mayor shall have all the powers of a member. 4.2 Mayor Pro Tem The Mayor Pro Tem shall be selected by a Council majority vote. 4.3 Presiding Officer The Mayor,if present,shall preside.In the Mayor's absence,the Mayor Pro Tem shall preside.In the absence of both,the Councilmembers present shall elect a Presiding Officer. 4.4 Call To Order 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. 4.5 Preservation of Order 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. City Council Rules of Procedure December 20,2011 Page 6 1-36 4.6 Point of Order The Mayor shall determine all points of order,subject to the right of any member to appeal.If an appeal is taken,the question shall be,"Shall the decision of the Mayor be sustained?" 5.ORDER AND PREPARATION OF AGENDA 5.1 Order of Business 1.Call to Order,Roll Call,Pledge of Allegiance 2.Ceremonial 3.Mayor's Announcements .4.Recycling Drawing 5.Approva!of Agenda 6.Public Comments 7.City Manager Reports 8.Consent Calendar 9.Public Hearings 10.Regular Business 11.City Council Oral Reports 12.Closed Session Report 13.Adjournment 5.2 Agenda Preparation 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 City Council to review,consider and take action regarding that agenda item. The Agenda shall be delivered to the Mayor and Councilmembers as soon as practicable after 5:00 p.m.on the Wednesday preceding the Tuesday meeting. 5.3 Agenda Posting 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 description of each item of business to be transacted or discussed. 5.4 Minutes Unless requested by Council,minutes may be approved without reading if the City Clerk previously furnished a copy to each member. City Council Rules of Procedure December 20,2011 Page 7 1-37 5.5 Public Comments -(see Citizens'Rights in Section 6) During Public Comments any person may address the Council,provided that the item is within the subject matter jurisdiction of the Council and is not otherwise on the agenda. 5.6 Public Hearings Items requiring a Public Hearing will be published and/or mailed to property owners as required by law. 5.7 Consent Calendar Items listed under the Consent Calendar are those items staff believes will not require Council discussion and are considered ministerial and routine.Also,the Consent Calendar frequently contains resolutions confirming prior Council action.Any member of the Council may remove an item for discussion or clarification.Items removed from the Consent Calendar will be heard after the Regular Business section of the agenda, unless otherwise directed by the City Council.If an item has been removed from the Consent Calendar,and a member of the public has requested to speak to that item,the item shall be heard immediately after the Consent Calendar. 5.8 City Council Oral Reports 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.Councilmembers are required to provide a brief oral report on their attendance at any meetings where City funds have 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. 5.9 Actions Limited to Posted Agenda The City Council shall not take action on any item not appearing on the posted agenda except under the conditions permitted by Government Code Section 54954.2 (Brown Act). 6.CITIZENS'RIGHTS 6.1 Addressing the Council 1.Any person may address the Council on the following portions of the agenda: (a)Public Comments as provided in Section 5.5. (b)Public Hearings as provided in Section 8. City Council Rules of Procedure December 20,2011 Page 81-38 (c)All other portions of the agenda prior to the vote,if any, being taken. 2.The following shall apply: (a)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 discussion. (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 requesting to speak,the length of the agenda,or the business of the Council. 6.2 Personal and Slanderous Remarks No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct,including the utterance of loud,threatening,profane or abusive language, personal,impertinent or slanderous remarks,whistling,stamping of feet,booing or other acts which disturb,disrupt or otherwise impede the orderly conduct of any Council meeting.Applause will be permitted,as deemed acceptable by the Mayor,except during public hearing items. Any person who conducts himself or herself in the aforementioned manner shall,at the discretion of the Mayor or by a majority of the Council,pursuant to a point of order requested pursuant to Section 4.6 of these Rules of Procedure,be barred from further audience before the Council during the meeting. The Mayor shall request that a person who is breaching these rules of conduct be orderly and silent.If,after receiving a warning from the Mayor,a person persists in disturbing the meeting,the Mayor shall order the person to leave the Council meeting. If such person does not immediately remove himself or herself,the Mayor may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the Council to remove the person from the Council Chambers.Alternatively,the Mayor may recess the meeting until a law enforcement officer is able to arrive and remove the person. City Council Rules of Procedure December 20,2011 Page 91-39 6.3 Enforcement of Decorum After issuing a verbal warning,the Mayor shall order removed from the Council Chambers any person or persons who commit the following acts in respect to a regular or special meeting of the City Council: 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. 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 Interested persons or their representatives may address the Council for the reading of protests,petitions or communications relating to the matter under consideration if a majority of the Council agrees that the person should be heard.Such presentation shall be subject to the time limits that have been established for addressing the City Council. 6.5 Written Communications Any person(s)may submit written comments to the Council through the City Clerk or City Manager's office and request that Council receive copies in the agenda packet provided such written comments are received in sufficient time to include them in the agenda packet.Written communications may consist of letters,facsimiles or messages received by electronic mail.Written communications that are submitted after the agenda has been distributed to the City Council will be distributed to the City Council as late correspondence. 7.ORDINANCES,RESOLUTIONS AND CONTRACTS 7.1 Document Preparation The form of all ordinances and resolutions shall be approved by the City Attorney.No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council or prepared by the City Attorney on his/her own initiative. City Council Rules of Procedure December 20,2011 Page 101-40 7.2 Document Approval All ordinances,resolutions,and contracts shall,before being placed on the agenda,be approved as to form and legality by the City Attorney.All documents shall be reviewed by the City Manager. 7.3 Ordinance Introduction/Adoption A proposed ordinance will be read by title only unless a Council member 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 ordinance has been introduced for first reading,it can be placed on the Consent Calendar for adoption at a subsequent meeting. 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 be adopted by a majority vote of the Council Members who are present.) 7.5 Ordinance Preservation Following adoption of an ordinance,the City Clerk will assign it a number and post it according to state law.All ordinances are filed and preserved in the City Clerk's Office. 8.PROCEDURES REGARDING PUBLIC HEARINGS 8.1 Introduction The Mayor announces the subject of the public hearing and declares the public hearing open. 8.2 Staff and Written Material Presentation 1.Staff summary report,which shall include the findings and determinations that the City Council is required to make,included in the agenda packet is received and filed.Written comments (e.g. protests,etc.)are noted for the record. 2.Written material not in the agenda packet,if any,is received and filed. City Council Rules of Procedure December 20,2011 Page 11 1-41 3.Oral staff report,if any,is presented by a staff member,unless waived by the Council. 4.Staff 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. 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. 2.The Mayor's instructions to the audience will vary and will depend upon the issue being discussed.Generally,the instructions will follow these general guidelines: (a)participants must speak from the podium; (b)that the normal time limit for each speaker is three minutes; (c)that repetition should be avoided;and, (d)that speakers will be discouraged from reading a submission that has been copied and is contained in the agenda materials. 3.Although the normal time limit is three minutes for each speaker, the Mayor may grant additional time to a representative speaking for an entire group.However,this should not discourage anyone from addressing the City Council individually; 4.The appellant or their representative speaks first and will generally be allowed ten minutes.If the applicant is different from the appellant,the applicant or their representative will speak following the appellant and will also be allowed ten minutes to make a presentation.Other public speakers will follow the presentation by the appellant and the applicant.Normally,the applicants and appellants will be limited to a three minute rebuttal (if requested). 5.At the Mayor's discretion,staff and/or Council will answer questions by speakers after the completion of the speaker's testimony. 6.Council will generally reserve questioning of individual speakers City Council Rules of Procedure December 20,2011 Page 12 1-42 until after the completion of the speaker's testimony. 8.4 Council Deliberations 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. 4.During Council deliberations,the Mayor will allow each Councilmember to speak once prior to allowing another Councilmember to speak again.Councilmembers 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 1.Council may,at this point,continue the open public hearing. (a)This should be done if any additional information is requested (e.g.a staff report). (b)Continuing a public hearing to a specific date does not require additional notice. 2.The Council may: (a)Close the public hearing and vote on the item; (b)Offer amendments or substitute motions allowing additional public comment;or (c)Close the public hearing and continue the matter to a later date for a decision.(NOTE:No additional reports or testimony may be received after the public hearing has been closed.) 9. 9.1 BOARDS,COMMISSIONS AND COMMITTEES Mayor/City Council Committee At the first or second meeting in January of each year,the Mayor shall appoint Councilmembers to serve on various committees,which require a Council representative. City Council Rules of Procedure December 20,2011 Page 13 1-43 9.2 Citizen Boards,Commissions,and Committees 1.Creation The City Council may create boards,commissions,or committees to act as advisory boards to the Council. 2.Appointments 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. 3.Dissolution Except as provided by the City's Municipal Code, the City Council may dissolve an existing board,commission,or committee if the Council finds that the purpose of the advisory board is no longer necessary or required. 10.SUSPENSION AND AMENDMENT OF THESE RULES 10.1 Suspension 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 temporarily suspended by a majority vote of the Council members who are present. 10.2 Amendment 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 and announce the result. 11.2 Roll Call Votes Roll call votes shall be required for adoption of ordinances,adoption of resolutions, approval of agreements and actions involving the payment of money.Upon demand by a Councilmember,made before the "Nays"are called for,a roll call vote shall be taken on any motion before the Council.The Mayor Pro Tem's name shall be called second to last and the Mayor's name shall be called last with other members'names called at City Council Rules of Procedure December 20,2011 Page 141-44 random by the City Clerk.Members shall not be required to give explanations of their vote during roll call. 11.3 Silence During a collective vote (Ayes and Nays),silence of any members denotes an affirmative vote. 11.4 Continuance of an Item 1.Continuance by a Councilmember Any Councilmember may make a motion to continue an item (not subject to a deadline)to the next agreed upon meeting.This continuance may only be denied by a majority vote of the Council. 2.Continuances Requested by Someone Not a Councilmember Anyone may request a continuance of an item and the Council,by a majority vote,may grant such a continuance.A request for a subsequent continuance may be granted by a majority vote of the Council only if it finds that: (a)The need for the continuance was beyond the control of the person requesting it; (b)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, (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 The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which the integrity,character,or motives of the Council member is in question,or where the welfare of the Council is concerned. 11.6 Motion to Reconsider A motion to reconsider any action taken by the Council may be made in accordance with the following: 1.The motion must be made by a member of the prevailing side, although it may be seconded by any Councilmember. City Council Rules of Procedure December 20,2011 Page 151-45 2.The motion must be made prior to the adjournment of the meeting at which the original action was taken. 3.The motion is debatable and has precedence over a pending motion. 12.RULES OF DEBATE 12.1 Mayor as Presiding Officer The Mayor may move,second,and debate from the Chair,and shall not be deprived of any rights and privileges of a Council member. 12.2 Appeals Any ruling of the Mayor may be appealed at the request of a Council member.The Mayor shall call for a roll call vote to determine if the ruling is upheld. 12.3 Precedence of Motions When a motion is before the Council,no motion shall be entertained except: 1.Motion to Amend 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 each amendment being voted on separately.There shall only be one amending motion on the floor at anyone time. 2.Motion to Postpone 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. 3.Motion to Table A motion to table is undebatable and not subject to amendment.The purpose of a motion to table is to temporarily bypass the item.If a motion to table is adopted,the item may be taken from the table at any time prior to the adjournment of the next regular meeting.If the item is not taken from the table in the time specified,the business of the item is killed. *** W:\City Council\Rules of Procedure\20111220 City Council Rules of Procedure.DOC Revised:12/20/2011 City Council Rules of Procedure December 20,2011 Page 16 1-46 Proposed Council and Commission/Committee Protocol 1-47 CITY OF RANCHO PALOS VERDES PROTOCOL FOR ELECTED OFFICIALS AND APPOINTED COMMISSION AND COMMITTEE MEMBERS I.STATEMENT OF PURPOSE The purpose of this document is to create a single comprehensive protocol for the City Council and Members of City Commissions and Committees to insure the efficient,effective and ethical operation of this municipal government.As a statement of purpose,this policy also recognizes that the proper operation of this municipality requires that all of its public officials be independent and impartial in their judgment and actions;that public office not be used for personal gain;that the public have confidence in the integrity of its municipal officials;and that public deliberations and actions be conducted in an atmosphere free from personal animosity and hostility. II.INTRODUCTION As a matter of practice,this policy should be read and reviewed periodically by all members of the City Council,the Members of the Planning Commission and Members of the other City Commissions and Committees. A.Existing State statutes already address many areas of appropriate conduct.This policy statement is not intended to supersede the State laws with which City officials must comply,including the Political Reform Act of 1974,Government Code Section 1090 and the Ralph M.Brown Act. B.Not all conduct and behavior fit neatly under this Protocol.The rules and procedures listed herein are designed to clearly define conduct in common situations. Special circumstances may hot be easily resolved by simply referring to this Protocol. The City Council can provide specific interpretation through review with the City Attorney,as necessary. III.PROTOCOL FOR CITY COUNCIL,CITY COMMISSIONS AND CITY COMMITTEE MEMBERS A.The proper operation of this local government requires that its public officials be independent,impartial and responsible to its residents;that its public officials strive to cooperate and work together for the common good of the City;that decisions and policy be made in the proper channels of the government structure;that public office not be used for personal gain;and that the public have confidence in the integrity of its public officials.In recognition of these goals,the following protocol is hereby prescribed for the City Council and for members of City Commissions and Committees: 1.Respect and adhere to the American ideals of government,the rule of law,and the high ethical conduct in the performance of public duties. -1- R6876-0001 \1 434674v4.doc 1-48 2.Provide fair and equal treatment for all persons and matters coming before the City Council (or Commissions or Committees).No official shall grant any special consideration or advantage to any citizen beyond that which is available to every other citizen. 3.Be prepared,learn and study the background and purposes of items that are on the agenda before voting.To the extent possible, raise any questions pertaining to agenda items with appropriate Staff and the City Manager prior to the meeting where the item will be discussed. 4.Represent and work for the common good of the City and not for any private interests or personal gain. 5.Faithfully perform all duties of office. 6.Except with proper authorization by a majority vote of the City Council,refrain from disclosing any information received confidentially concerning the business of the City or received during any closed session of the Council (or Commission)held pursuant to state law. 7.Refrain from abusive conduct, personal charges or verbal attacks upon the character;motives,ethics or morals of other members of the Council,Commissions,Committee Members,City Staff or the public,or from making other personal comments that are not germane to the issues before the Council (or City Commission or Committee ). 8.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,City Staff,or the public. 9.Foster a positive attitude and constructively foster open communication in dealing with the public,City staff and all City officials--both elected and appointed.City 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. 10.In this City's Council/Manager form of government,the City Manager is the "administrative head"(Municipal Code Section 2.08.070)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. -2- R6876-0001\1434674v4.doc 1-49 11.Faithfully attend all sessions of the Council (Commissions or Committees)unless unable to do so for some compelling reason or disability. 12.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. 13.Accept as a personal duty the responsibility to promote this City's business with professional competence,fairness,impartiality, efficiency and effectiveness. 14.Involve appropriate City staff when a quorum of the City Councilor a Council sub-committee (or a quorum or a sub-committee of another City Commission or Committee)meets with another governmental agency's 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-related business. 15.Respect,support,and when necessary,work to improve intergovernmental relationships between this City and other neighboring cities,the County of Los Angeles,the State of California,and the federal government. 16.Do not make unauthorized statements,commitments or promises which might bind the City in any manner,and do not make statements or write letters representing the City without authorization by a majority vote of the City Council. 17.Do not identify oneself as a member of a City Commission or Committee when testifying at hearings of other administrative bodies of the City of Rancho Palos Verdes,unless specifically so directed by a majority vote of the members of the body upon which the individual serves,and do not identify oneself as a member of a City Commission or Committee when testifying before administrative bodies of other governmental agencies,unless specifically so authorized by the City Council. 18.Disclose and declare all financial interests pursuant to the provisions of the Political Reform Act ("the Act")and Government Code Section 1090.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 with Staff,voting,making -3- R6876-000 1\1 434674v4.doc 1-50 appointments,entering into contractual agreements,or negotiating on behalf of the City with any individual regarding the decision. 19.All City officials shall disclose any corruption,waste,abuse,fraud, and bribery to appropriate authorities. 20.City officials may not be involved in any City matter that involves a business or organization with which that official is negotiating or seeking employment. B.The City Council seeks to achieve compliance with this Protocol by Councilmembers,and by Members of City Commissions and Committees.Failure to follow this Protocol may result in the Council,by majority vote,issuing a warning, reprimand,admonishment,or censure. -4- R6876-000 1\1434674v4.doc 1-51 Rosenberg's Rules of Order Revised 2011 1-52 Rosenberg's Rules of Order REVISED 2011 Simple Rules ofParliamentary Procedure for the 21st Century By Judge Dave Rosenberg 1-53 LEAGUE Of CALIFORNIA Cn'JES MISSION AND CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California's cities. About the League of California Cities Established in 1898,the League of California Cities is a member organization that represents California's incorporated cities. The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents.In addition to advocating on cities'behalf at the state capitol,the League provides its members with professional development programs and information resources,conducts education conferences and research,and publishes Western City magazine. ©2011 League ofCalifornia Cities.All rights reserved. ABOUT THE AUTHOR Dave Rosenberg is a Superior Court Judge in Yolo County.He has served as presiding judge of his court,and as presiding judge of the Superior Court Appellate Division.He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges)and as an advisory member of the California Judicial Council.Prior to his appointment to the bench,Rosenberg was member of the Yolo County Board of Supervisors,where he served two terms as chair.Rosenberg also served on the Davis City Council,including two terms as mayor.He has served on the senior staff of two governors,and worked for 19 years in private law practice.Rosenberg has served as a member and chair of numerous state,regional and .local boards.Rosenberg chaired the California State Lottery Commission,the California Victim Compensation and Government Claims Board,the Yolo-Solano Air Quality Management District,the Yolo County Economic Development Commission,and the Yolo County Criminal Justice Cabinet.For many years,he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies. II 1-54 TABLE OF CONTENTS About the Author ii Introduction 2 Establishing a Quorum 2 The Role of the Chair.2 The Basic Format for an Agenda Item Discussion 2 Motions in General 3 The Three Basic Motions 3 Multiple Motions Before the Body 4 To Debate or Not to Debate 4 Majority and Super-Majority Votes 5 Counting Votes 5 The Motion to Reconsider 6 Courtesy and Decorum 7 Special Notes About Public Input 7 1 1-55 INTRODUCTION The rules of procedure at meetings should be simple enough for most people to understand.Unfortunately,that has not always been the case.Virtually all clubs,associations,boards,councils and bodies follow a set of rules -Robert's Rules ofOrder -which are embodied in a small,but complex,book.Virtually no one I know has actually read this book cover to cover.Worse yet,the book was written for another time and for another purpose.If one is chairing or running a parliament,then Robert's Rules ofOrder is a dandy and quite useful handbook for procedure in that complex setting.On the other hand, if one is running a meeting of say,a five-member body with a few members of the public in attendance,a simplified version of the rules of parliamentary procedure is in order. Hence,the birth of Rosenberg's Rules ofOrder. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government.These rules have been simplified for the smaller bodies we chair or in which we participate,slimmed down for the 21st Century,yet retaining the basic tenets of order to which we have grown accustomed.Interestingly enough,Rosenberg's Rules has found a welcoming audience.Hundreds of cities,counties,special districts, committees,boards,commissions,neighborhood associations and private corporations and companies have adopted Rosenberg's Rules in lieu of Robert's Rules because they have found them practical, logical,simple,easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1.Rules should establish order.The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2.Rules should be dear.Simple rules lead to wider understanding and participation.Complex rules create two classes:those who understand and participate;and those who do not fully understand and do not fully participate. 3.Rules should be user friendly.That is,the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4.Rules should enforce the will ofthe majority while protecting the rights ofthe minority.The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body.In a democracy,majority rules.The rules must enable the majority to express itself and fashion a result, while permittingthe minority to also express itself,but not dominate,while fully participating in the process. 2 Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted.The default rule is that a quorum is one more than half the body.For example,in a five-member body a quorum is three. When the body has three members present,it can legally transact business.If the body has less than a quorum of members present,it cannot legally transact business.And even if the body has a quorum to begin the meeting,the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais).When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule,identified above,however,gives way to a specific rule of the body that establishes a quorum.For example,the rules of a particular five-member body may indicate that a quorum is four members for that particular body.The body must follow the rules it has established for its quorum.In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure,it is the chair of the body who is charged with applying the rules of conduct of the meeting.The chair should be well versed in those rules.For all intents and purposes,the chair makes the final ruling on the rules every time the chair states an action.In fact,all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting,it is usual courtesy for the chair to playa less active role in the debate and discussion than other members of the body.This does not mean that the chair should not participate in the debate or discussion.To the contrary,as a member of the body,the chair has the full right to participate in the debate,discussion and decision-making of the body.What the chair should do,however,is strive to be the last to speak at the discussion and debate stage.The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written,often published agenda. Informal meetings may have only an oral or understood agenda.In either case,the meeting is governed by the agenda and the agenda constitutes the body's agreed-upon roadmap for the meeting.Each agenda item can be handled by the chair in the following basic format: 1-56 Fint,the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is.The chair should then announce the format (which follows)that will be followed in considering the agenda item. Second,following that agenda format,the chair should invite the appropriate person or persons to report on the item,including any recommendation that they might have.The appropriate person or persons may be the chair,a member of the body,a staff person,or a committee chair charged with providing input on the agenda item. Third,the chair should ask members of the body if they have any technical questions of clarification.At this point,members of the body may ask clarifying questions to the person or persons who reported on the item,and that person or persons should be given time to respond. Fourth,the chair should invite public comments,or if appropriate at a formal meeting,should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject,the chair may limit the time of public speakers.At the conclusion of the public comments,the chair should announce that public input has concluded (or the public hearing,as the case may be, is closed). Fifth,the chair should invite a motion.The chair should announce the name of the member of the body who makes the motion. Sixth,the chair should determine if any member of the body wishes to second the motion.The chair should announce the name of the member of the body who seconds the motion.It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach.However,a second is not an absolute requirement,and the chair can proceed with consideration and vote on a motion even when there is no second.This is a matter left to the discretion of the chair. Seventh,if the motion is made and seconded,the chair should make sure everyone understands the motion. This is done in one of three ways: 1.The chair can ask the maker of the motion to repeat it; 2.The chair can repeat the motion;or 3.The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth,the chair should now invite discussion of the motion by the body.If there is no desired discussion,or after the discussion has ended,the chair should announce that the body will vote on the motion.If there has been no discussion or very brief discussion,then the vote on the motion should proceed immediately and there is no need to repeat the motion.If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. 3 Ninth,the chair takes a vote.Simply asking for the "ayes"and then asking for the "nays"normally does this.If members of the body do not vote,then they "abstain."Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules),then a simple majority (as defined in law or the rules of the body as delineated later in these rules)determines whether the motion passes or is defeated. Tenth,the chair should announce the result of the vote and what action (if any)the body has taken.In announcing the result,the chair should indicate the names of the members of the body,if any,who voted in the minority on the motion.This announcement might take the following form:"The motion passes by a vote of 3-2,with Smith and Jones dissenting.We have passed the motion requiring a lO-day notice for all future meetings of this body." Motions in General Motions are the vehicles for decision making by a body.It is usually best to have a motion before the body prior to commencing discussion of an agenda item.This helps the body focus. Motions are made in a simple two-step process.First,the chair should recognize the member of the body.Second,the member of the body makes a motion by preceding the member's desired approach with the words "I move ..." A typical motion might be:"I move that we give a 10-day notice in the future for all our meetings." The chair usually initiates the motion in one of three ways: 1.Inviting the members ofthe body to make a motion,for example,''A motion at this time would be in order." 2.Suggesting a motion to the members of the body,''A motion would be in order that we give a lO-day notice in the future for all our meetings." 3.Making the motion.As noted,the chair has every right as a member of the body to make a motion,but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion.The basic motion is the one that puts forward a decision for the body's consideration.A basic motion might be:"I move that we create a five-member committee to plan and put on our annual fundraiser." 1-57 The motion to amend.If a member wants to change a basic motion that is before the body,they would move to amend it.A motion to amend might be:"I move that we amend the motion to have a 10-member committee."A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion.If a member wants to completely do away with the basic motion that is before the body,and put a new motion before the body,they would move a substitute motion.A substitute motion might be:"I move a substitute motion that we cancel the annual fundraiser this year." "Motions to amend"and "substitute motions"are often confused, but they are quite di.fferent,and their effect (if passed)is quite different.A motion to amend seeks to retain the basic motion on the floor,but modify it in some way.A substitute motion seeks to throw out the basic motion on the floor,and substitute a new and different motion for it.The decision as to whether a motion is really a "motion to amend"or a "substitute motion"is left to the chair.So if a member makes what that member calls a "motion to amend;'but the chair determines that it is really a "substitute motion;'then the chair's designation governs. A "friendly amendment"is a practical parliamentarytool that is simple,informal,saves time and avoids bogging a meeting down with numerous formal motions.It works in the following way:In the discussion on a pending motion,it may appear that a change to the motion is desirable or may win support for the motion from some members.When that happens,a member who has the floor may simply say,"I want to suggest a friendly amendment to the motion." The member suggests the friendly amendment,and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment,that now becomes the pending motion on the floor.If either the maker or the person who seconded rejects the proposed friendly amendment,then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them.This rule has practical value.More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds)at the same time,the vote should proceed first on the last motion that is made.For example,assume the first motion is a basic "motion to have a five-member committee to plan and put on our annual fundraiser."During the discussion of this motion,a member might make a second motion to "amend the main motion to have a 10-member committee,not a five-member committee to plan and put on our annual fundraiser."And perhaps,during that discussion,a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year."The proper procedure would be 4 as follows: First,the chair would deal with the third (the last)motion on the floor,the substitute motion.After discussion and debate,a vote would be taken first on the third motion.If the substitute motion passed,it would be a substitute for the basic motion and would eliminate it.The first motion would be moot,as would the second motion (which sought to amend the first motion),and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion).No vote would be taken on the first or second motions. Second,if the substitute motion failed,the chair would then deal with the second (now the last)motion on the floor,the motion to amend.The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members).If the motion to amend passed,the chair would then move to consider the main motion (the first motion)as amended.If the motion to amend failed,the chair would then move to consider the main motion (the first motion)in its original format,not amended. Third,the chair would now deal with the first motion that was placed on the floor.The original motion would either be in its original format (five-member committee),or if amended,would be in its amended format (lO-member committee).The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate.Accordingly,basic motions,motions to amend,and substitute motions are all eligible,each in their turn,for full discussion before and by the body.The debate can continue as long as members of the body wish to discuss an item,subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions.The exceptions all apply when there is a desire of the body to move on.The following motions are not debatable (that is,when the following motions are made and seconded,the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn.This motion,if passed,requires the body to immediately adjourn to its next regularly scheduled meeting.It requires a simple majority vote. Motion to recess.This motion,if passed,requires the body to immediately take a recess.Normally,the chair determines the length of the recess which may be a few minutes or an hour.It requires a simple majority vote. Motion to fix the time to adjourn.This motion,if passed,requires the body to adjourn the meeting at the specific time set in the motion.For example,the motion might be:"I move we adjourn this meeting at midnight."It requires a simple majority vote. 1-58 Motion to table.This motion,if passed,requires discussion of the agenda item to be halted and the agenda item to be placed on "hold." The motion can contain a specific time in which the item can come back to the body."I move we table this item until our regular meeting in October."Or the motion can contain no specific time for the return of the item,in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting.A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate.The most common form of this motion is to say,"I move the previous question"or "I move the question"or "I call the question"or sometimes someone simply shouts out "question." As a practical matte~,when a member calls out one of these phrases, the chair can expedite matters by treating it as a "request"rather than as a formal motion.The chair can simply inquire of the body, "any further discussion?"If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However,if even one person wishes to discuss the pending motion further,then at that point,the chair should treat the call for the "question"as a formal motion,and proceed to it. When a member of the body makes such a motion ("I move the previous question"),the member is really saying:"I've had enough debate.Let's get on with the vote."When such a motion is made,the chair should ask for a second,stop debate,and vote on the motion to limit debate.The motion to limit debate requires a two-thirds vote of the body. NOTE:A motion to limit debate could include a time limit.For example:"I move we limit debate on this agenda item to 15 minutes." Even in this format,the motion to limit debate requires a two- thirds vote of the body.A similar motion is a motion to object to consideration ofan item.This motion is not debatable,and if passed, precludes the body from even considering an item on the agenda.It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy,a simple majority vote determines a question.A tie vote means the motion fails.So in a seven-member body,a vote of 4-3 passes the motion.A vote of 3-3 with one abstention means the motion fails.If one member is absent and the vote is 3-3,the motion still fails. All motions require a simple majority,but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item.These extraordinary motions require a two-thirds majority (a super majority)to pass: Motion to limit debate.Whether a member says,"I move the previous question,"or "I move the question,"or "I call the question," or "I move to limit debate,"it all amounts to an attempt to cut off the ability of the minority to discuss an item,and it requires a two-thirds vote to pass. 5 Motion to dose nominations.When choosing officers of the body (such as the chair),nominations are in order either from a nominating committee or from the floor of the body.A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to objed to the consideration of a question.Normally,such a motion is unnecessary since the objectionable item can be tabled or defeated straight up.However,when members of a body do not even want an item on the agenda to be considered,then such a motion is in order.It is not debatable,and it requires a two-thirds vote to pass. Motion to suspend the rules.This motion is debatable,but requires a two-thirds vote to pass.If the body has its own rules of order, conduct or procedure,this motion allows the body to suspend the rules for a particular purpose.For example,the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members.A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple,but can become complicated. Usually,it's pretty easy to determine whether a particular motion passed or whether it was defe~ted.If a simple majority vote is needed to pass a motion,then one vote more than 50 percent of the body is required.For example,in a five-member body,if the vote is three in favor and two opposed,the motion passes.If it is two in favor and three opposed,the motion is defeated. If a two-thirds majority vote is needed to pass a motion,then how many affirmative votes are required?The simple rule of thumb is to count the "no"votes and double that count to determine how many "yes"votes are needed to pass a particular motion.For example,in a seven-member body,if two members vote "no"then the "yes"vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes?In the event of a tie,the motion always fails since an affirmative vote is required to pass any motion.For example,in a five-member body,if the vote is two in favor and two opposed,with one member absent,the motion is defeated. Vote counting starts to become complicated when members vote "abstain"or in the case of a written ballot,cast a blank (or unreadable)ballot.Do these votes count,and if so,how does one count them?The starting point is always to check the statutes. In California,for example,for an action of a board of supervisors to be valid and binding,the action must be approved by a majority ofthe board.(California Government Code Section 25005.)Typically,this means three of the five members ofthe board must vote affirmatively in favor ofthe action.A vote of 2-1 would not be sufficient.A vote of 3-0 with two abstentions would be sufficient.In general law cities in 1-59 California,as another example,resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council.(California Government Code Section 36936.)Cities with charters may prescribe their own vote requirements.Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes,step number two is to check the rules of the body.If the rules of the body say that you count votes of"those present"then you treat abstentions one way.However,if the rules of the body say that you count the votes of those "present and voting;' then you treat abstentions a different way.And if the rules of the body are silent on the subject,then the general rule of thumb (and default rule)is that you count all votes that are "present and voting." Accordingly,under the "present and voting"system,you would NOT count abstention votes on the motion.Members who abstain are counted for purposes of determining quorum (they are "present"), but you treat the abstention votes on the motion as if they did not exist (they are not "voting").On the other hand,if the rules of the body specifically say that you count votes of those "present"then you DO count abstention votes both in establishing the quorum and on the motion.In this event,the abstention votes act just like "no"votes. How does this work in practice? TJere are a few examples. Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass,and assume further that the body has no specific rule on counting votes.Accordingly,the default rule kicks in and we count all votes of members that are "present and voting."If the vote on the motion is 3-2,the motion passes.If the motion is 2-2 with one abstention,the motion fails. Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass,and further assume that the body has no specific rule on counting votes.Again,the default rule applies. If the vote is 3-2,the motion fails for lack of a two-thirds majority.If the vote is 4-1,the motion passes with a clear two-thirds majority.A vote of three "yes;'one "no"and one "abstain"also results in passage of the motion.Once again,the abstention is counted only for the purpose of determining quorum,but on the actual vote on the motion,it is as if the abstention vote never existed -so an effective 3-1 vote is clearly a two-thirds majority vote. Now,change the scenario slightly.Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass,but now assume that the body DOES have a specific rule requiring a two-thirds vote of members "present."Under this specific rule,we must count the members present not only for quorum but also for the motion.In this scenario,any abstention has the same force and effect as if it were a "no"vote.Accordingly,if the votes were three "yes;'one "no"and one "abstain;'then the motion fails.The abstention in this case is treated like a "no"vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. 6 Now,exactly how does a member cast an "abstention"vote? Any time a member votes "abstain"or says,"I abstain,"that is an abstention.However,if a member votes "present"that is also treated as an abstention (the member is essentially saying,"Count me for purposes of a quorum,but my vote on the issue is abstain.")In fact, any manifestation of intention to vote either "yes"or "no"on the pending motion may be treated by the chair as an abstention.If written ballots are cast,a blank or unreadable ballot is counted as an abstention as well. Can a member vote "absent"or "count me as absent?"Interesting question.The ruling on this is up to the chair.The better approach is for the chair to count this as if the member had left his/her chair and is actually "absent."That,of course,affects the quorum.However,the chair may also treat this as a vote to abstain,particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself;the motion to reconsider.A tenet of parliamentary procedure is finality.After vigorous discussion,debate and a vote,there must be some closure to the issue.And so,after a vote is taken,the matter is deemed closed,subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions,but there are two special rules that apply only to the motion to reconsider. First,is the matter of timing.A motion to reconsider must be made at the meeting where the item was first voted upon.A motion to reconsider made at a later time is untimely.(The body,however,can always vote to suspend the rules and,by a two-thirds majority,allow a motion to reconsider to be made at another time.) Second,a motion to reconsider may be made only by certain members of the body.Accordingly,a motion to reconsider may be made only by a member who voted in the majority on the original motion.If such a member has a change of heart,he or she may make the motion to reconsider (any other member of the body -including a member who voted in the minority on the original motion -may second the motion).If a member who voted in the minority seeks to make the motion tb reconsider,it must be ruled out of order.The purpose of this rule is finality.If a member of minority could make a motion to reconsider,then the item could be brought back to the body again and again,which would defeat the purpose of finality. If the motion to reconsider passes,then the original matter is back before the body,and a new original motion is in order.The matter may be discussed and debated as if it were on the floor for the first time. 1-60 Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently,fairly and with full participation.At the same time,it is up to the chair and the members of the body to maintain common courtesy and decorum.Unless the setting is very informal, it is always best for only one person at a time to have the floor,and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question,not the personalities of the tJlembers of the body.Debate on policy is healthy, debate on personalities is not.The chair has the right to cut off discussion that is too personal,is too loud,or is too crude. Debate and discussion should be focused,but free and open.In the interest of time,the chair may,however,limit the time allotted to speakers,including members of the body. Can a member of the body interrupt the speaker?The general rule is "no."There are,however,exceptions.A speaker may be interrupted for the following reasons: Privilege.The proper interruption would be,"point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting.For example,the room may be too hot or too cold,or a blowing fan might interfere with a person's ability to hear. Order.The proper interruption would be,"point of order."Again, the chair would ask the interrupter to "state your point."Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting.For example,if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. 7 Appeal.If the chair makes a ruling that a member of the body disagrees with,that member may appeal the ruling of the chair.If the motion is seconded,and after debate,if it passes by a simple majority vote,then the ruling of the chair is deemed reversed. Call for orders of the day.This is simply another way of saying, "return to the agenda."If a member believes that the body has drifted from the agreed-upon agenda,such a call may be made.It does not require a vote,and when the chair discovers that the agenda has not been followed,the chair simply reminds the body to return to the agenda item properly before them.If the chair fails to do so,the chair's determination may be appealed. Withdraw a motion.During debate and discussion of a motion, the maker of the motion on the floor,at any time,may interrupt a speaker to withdraw his or her motion from the floor.The motion is immediately deemed withdrawn,although the chair may ask the person who seconded the motion if he or she wishes to make the motion,and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public- friendly.But in addition,and particularly for the chair,it is wise to remember three special rules that apply to each agenda item: Ru1e One:Tell the public what the body will be doing. Rule Two:Keep the public informed while the body is doing it. Rule Three:When the body has acted,tell the public what the body did. 1-61 LEAGUE Of CALI fORN IA CI"rIES 1400 K Street,Sacramento,CA 95814 (916)658-8200 I Fax (916)658-8240 www.cacities.org To order additional copies of this publication,call (916)658"8200. $10 ©2011 League of California Cities.All rights reserved. @ Printed on recycled paper. 1-62 City of West Sacramento Administrative Policy on Council Placement of Items on Agenda 1-63 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:IPOLICIESICoUNCIL PLACEMENT OF ITEMS ON AGENDA (I-A-10) 1 1-64 City of Rolling Hills Estates' City Council Code of Conduct 1-65 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, hospitality,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 . •7.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·Counc·1-1,-·Comm~s·s-i..g.ns-,.-COlllllli-tte.e-Member.s·r.-s-tafi-or-the._publ.1.0.,.0.1:.__ 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 compr9mises which meet the needs and interests of all parties. 11.In this City's CounciljManager 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 polley-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 1-66 :...;-..,.......•.,... 13.Faithfully attend all sessions of the Council (Collllllissions or COlDllittees)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.Respe'ct,support and when necessary,work to improve intergovernmental relationships between this jurisdiction and other '."-".,..--..--..ne.tghboring '.c.1.tie:s.,_the._County ,.nL...Lo.s ...Angeles........_tha__..8.ta.te.....Qt._. California,and the federal government. 18.Do not make unauthorized statements,cOllllllitments or promises which might bind the City in any manner. 19.Do not testify at hearings,meetings,etc.,as a member of the Council,COllllllission or COllllllittee 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 1-67 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. IV. 25.City officials may no·t 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 City.However,this policy does not preclude the City from discussions or negotiations with such firm as long as the contact is with another representative. CITY STAFF COPE 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-lJ1.lllp"ly·-referr:l:ng-·to-··this--pO"Hcy .....-P-leas'e--contae t·-your·-superv·i·so·r ·o;t:.· department head for assistance or interpretation if necessary. A.Actions and Conduct Desi&ned 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.Elllployees 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 elllployees 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 1-68 City of Palos Verdes Estates City Council Operating Guidelines 1-69 ,,,,."."",,'.',.'.,,,..,,."..,..",,::.,..,..,,,.,,.',•.".,.,..',,.,.,,. June 2009 1N()()npORATBllloa~ CITY COUNCIL OPERATING GUIDELINES 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 ofter 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.Agenda 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 coneern 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 shall,as a courtesy, inform the Mayor in advance.If a majority of the Council agrees,.then the item will be placed on a future agenda. 3.Mayo.·/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 1-70 members shall not submit letters-to-the-editor wherein they are identified as Council members. 4.Mayor's Role in Community Forums.Should individual Councilmembers receive requests for speaking invitations from service clubs,homeowners'associations and other organized groups within the City,they will consult with the Mayor. Unless slhe determines otherwise,the Mayor would be the person to speak in fr~:mt of these groups. 5.Council Committees.Council liaison represents the City Council and does not pursue their own personal agenda. Council Jooks 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 (Ufider "City Councilmembers' Reports").Minutes of the committee meeting shall be forward.ed 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 department 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. 2 1-71 •Council win 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". "While it is perfectly appropriate for a CounciImember 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 fmal 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. 3 1-72 Palos Verdes Peninsula Unified School District Governance Protocols 1-73 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 1-74 Protocol: a.The agenda will be set only with the approval of the Board President and Superintendent. b.Board meetings are meetings ofthe 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 of three: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. 1-75 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 reconfrrmed:February 22,2010 1-76