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HomeMy WebLinkAbout89-07 council meeting procedures 1 3 4 5 6 7 8 9 10 11 19. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-7 PROCEDURES OF CONDUCT OF THE CITY COUNCIL MEETINGS FOR THE CITY OF UKIAH WHEREAS, Resolution No. 76-45 was amended by Resolution No. 77-44 and Resolution No. 87-36 and Resolution No. 87-41 setting forth procedural guidelines for the conduct of City Council meetings; and WHEREAS, the City Council believes that said procedures should be amended and updated from time to time by Resolution; NOW, THEREFORE, BE IT RESOLVED that this Resolution supercedes all previous Resolutions. SECTION 1..Special Meetings: Time and Place: Notices Special Council meetings may be called at any time by the Mayor or by three (3) members of the Council by directing the City Clerk to deliver or mail a written notice to each Councilmember and to each local newspaper of general circulation and radio and television station requesting a notice in writing. Such notice shall be delivered personally or by mail at least twenty-four (24) hours before the time of such meeting as set forth in the notice. The call and notice shall set forth the time and place of the special meeting (which may be at a time and place different from the regular meeting time or place) and the business to be transacted. A copy of the notice shall also be posted at or near the door to the City Hall Council Chambers. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Councilmember who, at or prior to the time the meeting convenes, files with the City Council a written waiver notice. Such waiver may be given by telegram. The written notice may also be dispensed with as to any Councilmember who is actually present at the meeting at the time it convenes. SECTION 2. Open to the Public: Exception Ail regular and special meetings of the Council shall be public; provided, however, the Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters set forth in Sections 54957 and 54957.6 of the Government Code of the State. SECTION 3. Executive Sessions: Disclosure of Information No member of the Council, employee of the City, or any other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during such executive session unless the Council shall, by a majority vote, authorize the disclosure of such information. -1- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. Presiding Officer The Mayor shall be the presiding officer at all meetings of the Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of both the Mayor and the Vice Mayor, the City Clerk shall call the Council to order, whereupon a temporary presiding officer shall be elected by the Councilmember present to serve until the arrival of the Mayor or Vice Mayor or until adjournment. Wherever in this article the term Mayor is used, it shall apply equally to the presiding officer as set forth in this section. SECTION 5. Powers and Duties (a) Participation: The presiding officer may move, second, debate, and vote from the Chair. (b) Signing of documents: The presiding officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his signature which were adopted in his presence, unless he is unavailable, in which case the signature of an alternate presiding officer may be used. (c) Sworn testimony: The presiding officer may require any person addressing the Council to be sworn as a witness and to testify under oath, and the presiding officer shall so require, if directed to do so, by a majority vote of the Council. SECTION 6. Agenda (a) Preparation and Posting of Agendas: Ail reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 noon on Thursday, five (5) working days preceding the meeting. The City Clerk shall prepare the agenda of all such matters under the direction of the City Manager. The agenda and supporting documents shall be delivered to the members of the Council on the Friday preceding the Wednesday Council meeting to which the agenda pertains. The agenda itself shall be posted in a location freely accessible to the public at least 72 hours before each regular meeting or 24 hours before any special meeting of the City Council. The agenda must include a brief description of each item of business to be transacted or discussed at the meeting as well as the time and location of the meeting. The City Manager shall review the items to be placed on the agenda and place those items which he believes to be of a routine noncontroversial nature and are properly documented, on for adoption by a single motion. This item shall be the Consent Calendar and it shall take the request of only one Councilmember to remove an item from the Consent Calendar. (b) Discussion of and Action on Agenda Items: Under rules as shall be determined from time to time by the Mayor, the public shall be offered an opportunity to address at the meeting any item included on the agenda. The City Council shall not take action on any item not appearing on the posted agenda unless: I) a Council majority determines that an "emergency situation", as defined herein, exists; 2) the Council determines by a two-thirds (2/3) vote or by a unanimous vote if less than two-thirds (2/3) -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the City Council are present, that the "need to take action" on the item arose subsequent to the posting of the agenda; or 3) the item was included in a properly posted agenda for a prior meeting occurring not more than five (5) days prior to the meeting at which the action is taken and was continued to the meeting at which the action is taken. As used in this section "emergency" means an event which will cause a work stoppage, severely impairing public health or safety, or a crippling disaster severely impairing public health or safety. SECTION 7. Order of Business The business of the Council and the order of its agenda shall be in such form as the Council may from time to time adopt by resolution. SECTION 8. Council Correspondence (a) Availability to the public: Correspondence addressed to the Council and received by the City Clerk or any other officer or employee of the City shall not become a public record until received and filed by the Council at a regular, special, or adjourned meeting of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council. (b) Authority of the City Manager: The City Manager is hereby authorized to open and examine all mail or other written communications addressed to the City and to give them immediate attention to the end that all administrative business referred to in such communications, and not necessarily requiring Council action, may be acted upon between Council meetings; provided, however, mail addressed to individual Councilmembers shall not be opened without the consent of the Councilmember to do so. SECTION 9. Minutes: Preparation and Changes The City Clerk shall have the exclusive responsibility for the preparation of the minutes of Council meetings, and any directions for changes in the minutes shall be made only by majority action of the Council. SECTION 10. Minutes: Reading Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy. SECTION 11. Minutes: Entry of Statements A Councilmember may request through the presiding officer of a Council meeting the privilege of having an abstract of the statement of such Councilmember on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. -3- 1 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 25 26 27 28 SECTION 12. ~ntry of Protests Any Councilmember shall have the right to have the reasons for his dissent from, or his protest against, any action of the Council entered in the minutes, shall be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons:...". SECTION 13. Rules of Debate (a) Getting the floor: Every Councilmember desiring to speak at a Council meeting shall first address the Chair, gain recognition by the presiding officer, and confine himself to the question under debate, avoiding personalities and indecorous language. (b) Questioning the staff: Every Councilmember desiring to question the City Staff shall, after recognition by the presiding officer, address his questions to the City Manager, City Clerk, or the City Attorney, who shall be entitled either to answer the inquiry himself or to designate a member of his staff for such purpose. (c) Interruptions: A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, unless a point of order or personal privilege is raised by another Councilmember, or unless the speaker chooses to yield a question by another Councilmember. If a Councilmember is called to order while speaking, he shall cease speaking until the question of order is determined and, if determined to be in order, he may proceed. Members of the City staff, after recognition by the presiding officer, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the presiding officer. (d) Points of order: The presiding officer shall determine all points of order, subject to the right of any Councilmember to appeal to the Council. If an appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained?" A majority vote shall conclusively determine such question of order. (e) Points of personal privilege: The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are questioned or where the welfare of the Council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the presiding officer recognizes the privilege. (f) Privilege of closing debate: The Councilmember moving the adoption of an ordinance, resolution, or motion shall have the privilege of closing debate. (g) Limitation of debate: No Councilmember shall be permitted to speak more than once upon any particular subject until every other Councilmember desiring to do so shall have spoken. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 SECTION 14. Rules of Order In the event of questions as to procedure not set forth in this article for Council meetings, the Chair shall be guided by the rules of general parliamentary procedure. SECTION 15. Rules of Order: Failure to Observe Rules adopted to expedite the transaction of the business of the Council in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting which is otherwise held in conformity with law. SECTION 16: Rules of Decorum (a) Councilmembers: While the Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking, nor refuse to obey the orders of the presiding officer. Members of the Council shall not leave their seats during a meeting without first obtaining the permission of the presiding officer. (b) Employees: Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the Council; provided, however, members of the City staff may leave their seats during a meeting without first obtaining the permission of the presiding officer. (c) Persons addressing the Council: Any person making impertinent, slanderous, or profane remarks or who become boisterous while addressing the Council, shall be called to order by the presiding officer and, if such conduct continues, may, at the discretion of the presiding officer, be ordered barred from further attendance before the Council during that meeting. (d) Members of the audience: Any person in the audience who engages in disorderly conduct, such as clapping of the hands, stamping of the feet, whistling, using profane language, yelling, or similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, is guilty of a misdemeanor under the provisions of State law, and, upon instructions from the presiding officer, it shall be the duty of the sergeant at arms to remove such person from the Council Chamber and to place him under arrest. SECTION 17. Rules of Decorum: Enforcement The Chief of Police or such members of the Police Department as the Chief of Police may designate shall be sergeants at arms of the Council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at Council meetings. Any Councilmember may move to require the presiding officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 (a) Manner: Each person desiring to address the Council shall step up to the microphone reserved for that purpose, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is granted by a majority vote of the Council, shall limit his remarks to five (5) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Councilmember or a member of the City staff without the permission of the presiding officer. (b) Spokesmen for groups of persons: In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council and, in the event additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council. (c) After motions are made and hearings are closed: After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the Council. SECTION 18: Motions A motion by any member of the Council, including the presiding officer, may not be considered by the Council without receiving a second. SECTION 19: Voting Procedure (a) Seating arrangement for Council: The Mayor shall sit in the center chair of the Council; the next senior Councilmember (and if there is more than one of the same seniority, then by highest vote count at that election) shall sit alternately on the left and right of the Mayor. (b) Question to be stated: Upon moving the question, the presiding officer shall call for the vote which shall be taken first from the least senior member then moving by seniority rank to the most senior member with Mayor voting last. (c) Registration of votes: Any vote of the Council, including a roll call vote, may be registered by the members by answering "aye" for an affirmative vote or "no" for a negative vote upon the name of the Councilmember provided in subsection (b) of this section. SECTION 20: Voting Procedure: Disqualification Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state, or have the presiding officer state, the nature of such disqualification in open meeting. When no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Councilmember -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 affected, be decided by the other Councilmembers. A Councilmember who is disqualified by reason of a conflict of interest in any matter shall not remain in his seat during the debate and vote on such matter but shall request and be given the permission of the presiding officer to step down from the Council table and leave the Council Chamber. A Councilmember stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. SECTION 21. Failure to Vote Every Councilmember shall vote unless disqualified by reason of a conflict of interest. A Councilmember who abstains from voting shall have his vote recorded an aye. SECTION 22. Tie Votes Tie votes shall be lost motions and may be reconsidered. SECTION 23. Chan~ing Votes: Abstention A Councilmember may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time the next item in the order of business is taken up. A Councilmember who publicly announces he is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention. SECTION 24: Reconsideration of Actions A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session or at a recessed or adjourned session thereof. Such motion may be made only by one of the Councilmembers who voted with the prevailing side. The provision of this section shall not be construed to prevent any Councilmember from making or remaking the same or any other motion at a subsequent meeting of the Council. SECTION 25: Readin~ of Ordinances At the time of the second reading of an ordinance, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by the unanimous consent of all the Councilmembers present. The waiver of the reading of such ordinance shall be accomplished by regular motion adopted by a unanimous vote of the Councilmembers present. SECTION 26: Ordinances, Resolutions, and Contracts Official actions of the Council shall be in the form of motions, resolutions, and ordinances. (a) Motions: Motions shall be used to express decisions of the Council on routine questions or matters of temporary importance or to give -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 instructions to the staff and shall be moved, seconded, and adopted by a voice vote unless a roll call is requested by a Councilmember. (b) Resolutions: Resolutions shall be used to express decisions of the Council of a permanent or lasting nature and shall be introduced, seconded, and adopted by a roll call vote. Resolutions may be used to transfer appropriate funds within the budget or to appropriate funds. (c) Ordinances: Ordinances shall be used to adopt formal policy, in the exercise of the police power, and in other instances required by law. The manner of introduction and adoption shall be as provided in subsection (b) above. SECTION 27. .Special Committees Ail special Council committees shall be appointed by the presiding officer with a majority consent of the Council. Such committees shall be temporary in tenure and shall automatically be discharged upon the completion of their charge or upon an order of the presiding officer or a majority of the Council. SECTION 28. Dangerous Instruments No person may enter the chambers of a legislative body, as defined in Section 54852 of the Government Code of the State, or any place where such legislative body is in session, with any firearm, weapon, or explosive device of any nature. The provisions of this section shall not apply to authorized peace officers or to those persons authorized by the Penal Code of the State to carry such weapons. PASSED AND ADOPTED this roll call vote: 3 day of August , 1988, by the following AYES: Councilmembers Shoemaker, Wattenburger, Hickey, Schneiter and Mayor Henderson. NOES: None. ABSENT:NOne. -8-