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01/21/2021 - SPCITY OF GRAND TERRACE CITY COUNCIL AGENDA ● JANUARY 21, 2021 Community Room Special Meeting Workshop 6:00 PM 22795 Barton Road ● City Hall City of Grand Terrace Page 1 Beginning June 15, 2020, the City of Grand Terrace will reopen its public meetings. Therefore, the Special Meeting Workshop of the City Council for January 21, 2021 is now open to the public. Please be advised that face masks are required, social distancing will be practiced, and occupancy limits will be enforced. COMMENTS FROM THE PUBLIC The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council, you are invited to complete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time. The City wants you to know that you can submit your comments by email to ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are unable to email, please call the City Clerk’s Office at (909) 824-6621 x230 by 5:00 p.m. If you wish to have your comments read to the City Council during the appropriate Public Comment period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish to comment on. Comments that you want read to the City Council will be subject to the three (3) minute time limitation (approximately 350 words). Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621 x230, or via e-mail at dthomas@grandterrace-ca.gov. Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City’s website at www.grandterrace-ca.gov. AMERICANS WITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office, (909) 824-6621 x230 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible Agenda Grand Terrace City Council January 21, 2021 City of Grand Terrace Page 2 CALL TO ORDER Convene City Council Pledge of Allegiance Roll Call Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe    Mayor Pro Tem Bill Hussey    Council Member Sylvia Robles    Council Member Doug Wilson    Council Member Jeff Allen    A. PUBLIC COMMENT This is the opportunity for members of the public to comment on items on the agenda only. At a special meeting of the City Council, pursuant to California law, the City Council will only be taking public comment on items listed on the agenda. B. NEW BUSINESS 1. City Council Workshop to Discuss and Provide Direction Regarding City Council Member Protocols and Procedures, Personal Code of Conduct, and Legislative Program Policy - Part II • SECTION 2. COUNCIL MEETING & AGENDA GUIDELINES o Sub-Section 2.4(C) Meeting End Time – Page 9 o Sub-Section 2.4(C) Items Considered After Meeting End Time – Page 9 o Sub-Section 2.4(J)(3) Request to Refer Items to Any Council Standing Committee, Committee, Board, Commission or Council Appointed Officer – Page 12 o Sub-Section 2.4(T)(4) Secondary Motions Defined – Pages 19, 20 & 21 o Sub-Section 2.4(U) Debate and Voting – Pages 22, 23 & 24 o Sub-Section 2.4(W) Standing Committees – Pages 27 & 28 Agenda Grand Terrace City Council January 21, 2021 City of Grand Terrace Page 3 o Sub-Section 2.4(X) Ad Hoc Committees Page 29, 30 & 31 • CITY COUNCIL PROTOCOLS o Section 2. Council Conduct – Pages 34, 35, 36, 37, 38 & 39 o Section 4. Enforcement -- Censure of Legislative Body Members – Pages 42, 43 & 44 o Section 5. City Council E-Mails for Agenda-Related Items – Pages 45 & 46 o Section 6. City Council and Boards and Commissions Policy for Travel and Miscellaneous Expense Reimbursement – Pages 47 & 48 o Any other discussion regarding any additional recommended policies and/or procedures RECOMMENDATION: Provide Direction to Subcommittee and Staff Regarding Draft City Council Member Protocols and Procedures, Personal Code of Conduct, and Legislative Program Policy DEPARTMENT: CITY ATTORNEY ADJOURN The Next Regular City Council Meeting will be held on Tuesday, January 26, 2021 at 6:00 p.m. AGENDA REPORT MEETING DATE: January 21, 2021 Council Item TITLE: City Council Workshop to Discuss and Provide Direction Regarding City Council Member Protocols and Procedures, Personal Code of Conduct, and Legislative Program Policy - Part II PRESENTED BY: Adrian Guerra, City Attorney RECOMMENDATION: Provide Direction to Subcommittee and Staff Regarding Draft City Council Member Protocols and Procedures, Personal Code of Conduct, and Legislative Program Policy 2030 VISION STATEMENT: This staff report supports City Council Goal #5, “Engaging in Proactive Communication” by establishing policies and procedures for meetings of the City Council to promote community participation and promoting orderly meetings. BACKGROUND: On January 8, 2019, staff and the City Attorney were directed by the City Council to begin working on the development of an updated policy manual for the City Council and present back to Council at its March 2019 regular meeting which was rescheduled to June 25, 2019. On June 25, 2019, City Attorney Guerra presented a staff report to Council which included proposed text changes to the current City Council Procedures (Attachment I), other City models, and sample Codes of Ethics. The City Council accepted a change regarding “Future Agenda Items” on the agenda. The City Council also selected Council Member Sylvia Robles as a subcommittee to review, consider and propose changes and updates to City Council Policies and Procedures. DISCUSSION: On August 6, 2020, Council Member Sylvia Robles, representative of the subcommittee established by the City Council, with the assistance of G. Harold Duffey, City Manager and Adrian Guerra, City Attorney, provided an analysis of the City Council Procedures and recommendations for discussion. Sections 1 through Section 6 of the City Council Procedures were reviewed by the City Council and direction was provided to staff to make various changes to portions of those sections reviewed in the City Council Procedures. (See August 6, 2020 City Council Minutes attached hereto as Attachment II.) B.1 Packet Pg. 4 Additionally, staff was directed by the City Council to take the existing City Council Procedures that are currently in place, compare it to the sample policy provided in the agenda packet (Attachment III) and bring back the City Council Procedures comparison to the City Council for further discussion. The items and topics for discussion have been identified below: • SECTION 2: COUNCIL MEETING & AGENDA GUIDELINES o Sub-Section 2.4(C) Meeting End Time – Page 9 o Sub-Section 2.4(C) Items Considered After Meeting End Time – Page 9 o Sub-Section 2.4(J)(3) Request to Refer Items to Any Council Standing Committee, Committee, Board, Commission or Council Appointed Officer – Page 12 o Sub-Section 2.4(T)(4) Secondary Motions Defined – Pages 19, 20 & 21 o Sub-Section 2.4(U) Debate and Voting – Pages 22, 23 & 24 o Sub-Section 2.4(W) Standing Committees – Pages 27 & 28 o Sub-Section 2.4(X) Ad Hoc Committees Page 29, 30 & 31 • CITY COUNCIL PROTOCOLS o Section 2. Council Conduct – Pages 34, 35, 36, 37, 38 & 39 o Section 4. Enforcement -- Censure of Legislative Body Members – Pages 42, 43 & 44 o Section 5. City Council E-Mails for Agenda-Related Items – Pages 45 & 46 o Section 6. City Council and Boards and Commissions Policy for Travel and Miscellaneous Expense Reimbursement – Pages 47 & 48 o Any other discussion regarding any additional recommended policies and/or procedures It is recommended that Council provide direction to the subcommittee on what additional changes they would like made to the City Council Procedures and staff will implement those changes and return to City Council for review and approval. FISCAL IMPACT: None. ATTACHMENTS: • Attachment I - Current Council Procedures - 06_25_2019 (PDF) • Attachment II - City Council Special Meeting Minutes (PDF) • Attachment III - Council Protocols and Procedures Manual (PDF) APPROVALS: Adrian Guerra Completed 01/20/2021 11:35 AM City Attorney Completed 01/20/2021 11:36 AM B.1 Packet Pg. 5 Finance Completed 01/20/2021 1:46 PM City Manager Completed 01/20/2021 4:05 PM City Council Pending 01/21/2021 6:00 PM B.1 Packet Pg. 6 City of Grand Terrace Council Procedures Adopted August 10, 2006 Revised January 13, 2015 Revised June 25, 2019 B.1.a Packet Pg. 7 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d TABLE OF CONTENTS MEETINGS 1.1 Regular Meetings…………………………………………………………………..…1 1.2 Adjourned Meetings………………………………………………………………..…1 1.3 Special Meetings……………………………………………………………………...1 1.4 Emergency Meetings………………………………………………………………...1 1.5 Closed Sessions-Matters of Discussion………………………………………….…1 1.6 Closed Session-Report of Action/Statement of Reasons…………………………2 1.7 Quorum…………………………………………………………………………………2 ORDER OF BUSINESS 2.1 Agenda ....................................................................................................................... 2 2.2 Requests for Future Agenda Items by the Public …. ........................................ 3 2.3 Call to Order…… .............................................................................................. 4 2.4 Roll Call ............................................................................................................ 4 2.5 Absence of City Clerk ....................................................................................... 4 2.6 Preparation/Approval of Minutes ....................................................................... 4 2.7 Public Hearings................................................................................................. 4 2.8 Resolutions. ............................................................................................................... 5 2.9 Ordinances ................................................................................................................. 5 2.10 Urgency Ordinances (Emergency) .................................................................. 6 2.11 Consideration of Items not on the City Council Agenda .................................. 6 2.12 Adjournment ............................................................................................................. 6 III PRESIDING OFFICER 3.1 Presiding Officer ............................................................................................... 6 3.2 Participation of Presiding Officer ....................................................................... 6 3.3 Question (Motion) to be Stated ......................................................................... 6 3.4 Signing of Document ........................................................................................ 6 3.5 Maintenance of Order. ...................................................................................... 6 IV RULES, DECORUM, AND ORDER 4.1 Points of Order. ................................................................................................. 7 4.2 Decorum and Order - Council Members. .......................................................... 7 4.3 Decorum and Order - Employees. .................................................................... 7 4.4 Decorum and Order - Public. ............................................................................ 8 4.5 Personal Interest ............................................................................................... 9 4.6 Limitation of Debate .......................................................................................... 9 4.7 Dissent and Protest. ......................................................................................... 9 4.8 Procedures and Rules ...................................................................................... 9 B.1.a Packet Pg. 8 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d V ADDRESSING THE COUNCIL 5.1 Manner of Addressing the Council .................................................................. 10 5.2 Time Limitation ............................................................................................... 10 5.3 Addressing the Council After Motion is Made ................................................. 10 5.4 Written Communication ................................................................................... 10 VI MOTIONS 6.1 Processing of Motions. .................................................................................... 10 6.2 Division of Motion ........................................................................................... 10 6.3 Order of Motions ............................................................................................. 10 6.4 Particular Motions, Purpose, and Criteria ........................................................ 11 VII VOTING 7.1 Voting Procedure ............................................................................................ 12 7.2 Voting ....................................................................................................................... 12 7.3 Failure to Vote ................................................................................................ 12 7.4 Reconsideration .............................................................................................. 12 VIII ROSENBERG’S RULES OF ORDER…………………………………………………... 14 B.1.a Packet Pg. 9 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 1 I MEETINGS 1.1 REGULAR MEETINGS. The Regular City Council Meetings are held on the second and fourth Tuesday of every month, beginning at 6:00 p.m. 1.2 ADJOURNED MEETINGS. Any regular or adjourned meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. 1.3 SPECIAL MEETINGS. A special meeting may be called at any time by the Presiding Officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing. The notice shall be delivered personally, by fax or e-mail or by any other means and shall be received at least 24-hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at, or prior to, the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram, fax or e-mail. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. 1.4 EMERGENCY MEETINGS. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Government Code Section 54956, or both of the notice and posting requirements. 1.5 CLOSED SESSIONS - MATTERS OF DISCUSSION. Any matter proposed to be considered in closed session must appear on the posted agenda unless added on an emergency basis in the same manner as required for items on the open agenda. Closed session item descriptions shall generally comply with Government Code Section 54954.5. Following the conclusion of closed session, any action taken shall be reported in open session if required by Government Code Section 54957.1. All meetings of the Council shall be open to the public; however, the Council may hold Closed Sessions, from which the public may be excluded, for consideration of the following subjects: B.1.a Packet Pg. 10 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 2 a. Pending litigation; b. Threatened or anticipated litigation against the local agency; c. Commencement of litigation; d. Real estate negotiations; e. Public Employment; and f. Labor Negotiations 1.6 CLOSED SESSIONS - REPORT OF ACTION/STATEMENT OF REASONS. Any matter proposed to be considered in closed session must appear on the posted agenda unless added on an emergency basis in the same manner as required for items on the open agenda. Closed session item descriptions shall generally comply with Government Code Section 554954.5. Following the conclusion of closed session, any action taken shall be reported in open session if required by Government Code Section 54957.1. Prior to, or after, a Closed Session, the Council shall state the general reason, or reasons, for the Closed Session. The Council may consider only those items covered in the statement. 1.7 QUORUM. A majority of the Council (three members) shall be sufficient to conduct business. In the absence of a majority of the Council Members from a regular or adjourned meeting, the City Clerk may declare the meeting adjourned to a stated day and hour. Motions may be passed by a 2-1 vote if only three Members are present. However, the following matters require a minimum of three affirmative votes: a. Ordinances (emergency/urgency ordinances require four affirmative votes); b. Resolutions; c. Orders for payment of money; d. Selection of Officers (exclusive of Presiding Officer). II ORDER OF BUSINESS 2.1 AGENDA. The order of business of Council meetings will be listed in the Agenda prepared by the City Clerk. The Council will follow the order of business in the prepared Agenda; items of general, or special, interest may be taken out of order by the Mayor or by a majority vote of the Council. a. Posting. The Agenda will be posted in three public places designated by Council for such purpose and will be available for public review at City Hall at least 72-hours prior to the commencement of regular meetings. All Agenda packet material will be available for review at City Hall and at Council Chambers. The designated public places for posting the agenda are the Civic Center, Library and the Senior Center. B.1.a Packet Pg. 11 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 3 b. Consent Calendar. Consent Calendar items are considered by Council to be routine and noncontroversial and will all be enacted by one motion in the form listed. There will be no separate discussion of these items prior to the time the Council votes on the motion to adopt unless members of the Council, Staff, or the public request specific items be removed from the Consent Calendar for separate action. The Check Register will routinely appear on the Consent Calendar. c. Public Comment. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss, or act on, any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. d. Requests for Future Agenda Items by City Council. The agenda shall contain a section entitled “Requests for Future Agenda Items by City Council.” If a City Council Member is interested in a task or project that will require more than one hour of staff time to complete, the City Council Member shall submit the item to the City Manager and the item shall be agendized in this section to ask the City Council if time should be spent on preparing a report on the proposed item. To ensure compliance with the Brown Act, all item requests shall be submitted to the City Manager at least one week in advance of the meeting so that the item can be included on the agenda under this section. In order for any listed item to be placed on a future agenda for substantive discussion, the City Council must act by formal motion (i.e., requires a motion and a second) to direct the City Manager to place the item on a future agenda. Pursuant to the requirements of the Brown Act, no other items may be considered other than those listed in this section. e. Public Comment on Agenda Items. Members of the public will be given an opportunity to address items on the agenda, before action is taken on the items, by filing out a speaker card indicating their desire to speak on a specific agenda item. 2.2 REQUESTS FOR FUTURE AGENDA ITEMS BY THE PUBLIC. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office and the request will be processed in accordance with Council Procedures. B.1.a Packet Pg. 12 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 4 The City Clerk will provide copies of the request to Council Members prior to the next Council meeting; however, it is the City Manager's, or majority of Council's, discretion whether to place the item on the next regular Agenda. 2.3 CALL TO ORDER. The meeting of the Council shall be called to order by the Mayor or, in his/her absence, the Mayor Pro Tem. (See Section 3.1 for absence of Mayor and Mayor Pro Tem.) In the absence of all Council Members, the City Clerk shall call the meeting to order and declare the same adjourned to a stated day and hour. The meetings will be opened with invocation and the Pledge of Allegiance. 2.4 ROLL CALL. A roll call of Mayor and Council Members will be conducted by the City Clerk, who enters the names of those present and those absent in the Minutes. 2.5 ABSENCE OF CITY CLERK. If the City Clerk is absent from a Council meeting, the Deputy City Clerk acts in the Clerk's behalf. If there is no Clerk or Deputy present, the Mayor shall appoint a Council Member to serve as City Clerk Pro Tempore (Gov’t Code § 36804). 2.6 PREPARATION/APPROVAL OF MINUTES. It is the City Clerk's responsibility to maintain a record (Minutes) of Council meetings. The Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for changes in the Minutes may be made only by Council action. In order to maintain a full and true Minute record, the Minutes shall consist of a clear and concise statement of each and every Council action including motions made and the vote thereon. Items may be included if considered to be particularly relevant or otherwise necessary by the Clerk. Action Minutes will be taken of all City Council meetings (Regular, Special; Emergency) by the City Clerk, or designee. Any Council Member may request a statement be included in the Minutes by indicating "for the record." 2.7 PUBLIC HEARINGS. The following procedure is suggested for conducting public hearings: a. Presentation of Agenda Item b. Written Communications c. City Council questions/staff comments d. Public Hearing Opened e. Applicant’s comments (applicant not limited to 3-minutes) B.1.a Packet Pg. 13 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 5 f. Oral testimony—favor and opposition (speakers limited to 3-minutes) g. Applicant’s rebuttal (applicant not limited to 3-minutes) h. Public Hearing Closed i. City Council deliberation Council Members should refrain from asking questions or, in any way, interfere with the “oral testimony” portion of the Public Hearing. 2.8 RESOLUTIONS Resolutions Not Prepared in Advance of a City Council meeting: When a resolution has not been prepared in advance of a City Council meeting, the procedure shall be to instruct the City Attorney to prepare a resolution for presentation at the next Council Meeting. Urgency Resolutions: In matters of urgency, a resolution may be presented verbally, with specific instructions to the City Attorney and staff for written preparation of the urgency resolution. After the resolution has been verbally stated, the resolution may be adopted by three affirmative votes. Urgency resolutions shall be avoided except when absolutely necessary. 2.9 ORDINANCES Consent Calendar Agenda Item #1, on the City Council agenda shall waive full reading of all ordinances on the City Council agenda. Council will approve the introduction, or first reading, of the ordinance, by title only and if approved, the adoption and second reading will be scheduled for the following Council meeting. With the exception of urgency (emergency) ordinances, no ordinance shall be adopted by the Council on the date of introduction, nor within five days thereafter, nor at any time other than a regular or adjourned regular meeting. An ordinance must be adopted, at its second reading, by at least three affirmative votes, and becomes effective 30 days thereafter (an urgency ordinance requires a minimum of four affirmative votes and becomes effective immediately, Ref: Sec. 2.10). If an ordinance is altered after first reading, a motion for an amended first reading is required. The ordinance shall not be considered for adoption until five days thereafter. Correction of a typographical or clerical error does not constitute alteration of the ordinance. B.1.a Packet Pg. 14 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 6 2.10 URGENCY ORDINANCES (EMERGENCY). An ordinance which is necessary to go into effect immediately and requires a four-fifths vote to do so. It is required, however, to be on the regular posted City Council agenda. 2.11 CONSIDERATION OF ITEMS NOT ON THE CITY COUNCIL AGENDA. No matters, other than those appearing on the Agenda, will be acted upon by the City Council, except matters which are deemed to be of an emergency nature requiring action prior to the next regular meeting and which arose after the posting of the Agenda. Adding such items requires a four-fifths vote of the City Council. 2.12 ADJOURNMENT. Adjournment of the meeting to the next regular meeting does not require a motion. A motion is required to adjourn a meeting to an adjourned meeting specifying the date, time, and place of said adjourned meeting. III PRESIDING OFFICER 3.1 PRESIDING OFFICER. The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment. The terms "Presiding Officer," "Mayor," and "Chair" shall be used interchangeably within this manual. 3.2 PARTICIPATION OF PRESIDING OFFICER. The Presiding Officer is, primarily, responsible for the conduct of the meeting; may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members; and shall not be deprived of any such rights and privileges. 3.3 QUESTION (MOTION) TO BE STATED. The Presiding Officer shall verbally restate each motion immediately prior to calling for the vote. Following the vote, the City Clerk shall announce whether the motion carried or was defeated. In cases where the action of the Council may be unclear for those in the audience, the Mayor shall summarize the action of the Council before proceeding to the next item of business. 3.4 SIGNING OF DOCUMENT. Subject to Council policy, the Mayor shall sign ordinances, resolutions, and contracts approved by the Council at meetings at which he/she is in attendance. In the event of his/her absence, the Mayor Pro Tem shall sign all such documents approved and adopted by Council. 3.5 MAINTENANCE OF ORDER. The Mayor is responsible for the maintenance of order and decorum at all times. No person shall be allowed to speak who has not B.1.a Packet Pg. 15 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 7 first been recognized by the Chair. All questions and remarks shall be addressed to the Chair. IV RULES, DECORUM, AND ORDER 4.1 POINTS OF ORDER. The Presiding Officer shall determine all Points of Order subject to the right of any Council Member to appeal to the Council. If any appeal is taken, the question shall be in the following form: “Shall the decision of the Presiding Officer be sustained?" In this event, a majority vote shall govern and conclusively determine such question of order. 4.2 DECORUM AND ORDER – COUNCIL MEMBERS 1. Every Council Member desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine himself/herself to the question under debate. 2. Every Council Member desiring to question the administrative staff shall address questions to the City Manager or City Attorney, who shall be entitled to either answer the inquiry or designate a member of staff for that purpose. 3. A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor, unless a point of order is raised by another Council Member, or the speaker chooses to yield to questions from another Council Member. 4. A Council Member who is called to order while speaking shall cease speaking until the question of order is determined. If ruled to be not in order, the Council Member shall remain silent or shall alter the remarks so as to comply with rules of the Council. 5. The Mayor and Council Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities. 6. Any Council Member may move to require the Mayor to enforce the rules, and the affirmative vote of a majority of the Council shall require the Mayor to so act. 4.3 DECORUM AND ORDER – EMPLOYEES. Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City Employees observe such decorum. B.1.a Packet Pg. 16 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 8 Any Staff member, including the City Manager, desiring to address the Council shall first be recognized by the Chair. All remarks shall be addressed to the Chair, and not to anyone individual Council Member or public member. 4.4 DECORUM AND ORDER – PUBLIC. The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. a. Any member of the public who engages in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the Presiding Officer or a majority of the City Council, be barred from further audience before the City Council during that meeting, pursuant to the provisions of subsection (c), below. b. Disorderly behavior under subsection (a) may include, but is not limited to, the following: 1. Speaking without being recognized by the Presiding Officer. 2. Continuing to speak after the allotted time has expired. 3. Speaking on an item at a time not designated for discussion by the public of that item. 4. Throwing objects. 5. Speaking on an issue that is not within the jurisdiction of the City Council. 6. Attempting to engage the audience rather than the City Council. 7. Refusing to modify conduct after being advised by the Presiding Officer that the conduct is disrupting the meeting or disobeying any other lawful order of the Presiding Officer or a majority of the City Council c. Enforcement. The rules of conduct while addressing the City Council set forth above shall be enforced in the following manner: 1. Call to order and warning to desist. Whenever practicable, the Presiding Officer or a majority of the City Council shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct hereunder. Such a warning shall articulate the rule of conduct being violated and the manner in which the person must comply. A warning shall not be necessary when it would not be effective under the circumstances, including when, but not limited to, the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning shall also not be necessary when an individual violates the B.1.a Packet Pg. 17 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 9 rules of conduct more than once during a Council meeting, or continuously violates the rules of conduct Council meeting after Council meeting. 2. Order barring person from meeting. A person who engages in disorderly behavior shall be barred from the remainder of that council meeting by the Presiding Officer or a majority of the City Council when that person: (i) continues the disorderly behavior after receiving a warning pursuant to subsection (c)(1); (ii) ceases the disorderly behavior upon receiving a warning pursuant to subsection (c)(1), but later in the same council meeting resumes such disorderly behavior; or (iii) engages in disorderly behavior and no warning is practicable under the circumstances, pursuant to subsection (c)(1). The continuation of disorderly behavior after receiving a warning, repeated disorderly behavior during a Council meeting, disorderly behavior at Council meeting after Council meeting, or disorderly behavior that is so significant that a warning cannot be given, constitutes the type of behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting. 3. Removal. If the person barred from the meeting does not voluntarily remove him/herself upon being instructed to do so by the Presiding Officer or a majority of the City Council, the Presiding Officer or the majority of the City Council may direct the sergeant-at-arms to remove that person from the Council Chamber. 4.5 PERSONAL INTEREST - No Council Members prevented from voting by legal conflict of interest shall remain at the Council dais during the debate and vote on any such matter. In the event of such conflict, the Council Members shall state for the record the basis for the conflict of interest and leave the Council dais prior to the commencement of discussion of the issue. 4.6 LIMITATION OF DEBATE - No Council Member shall be allowed to speak more than once upon anyone subject until every other Council Member choosing to speak has spoken. Merely asking a question or making a suggestion is not considered as speaking. 4.7 DISSENT AND PROTEST - Any Council Member shall have the right to express dissent from, or protest to, any action of the Council and request that the reason be entered into the Minutes. 4.8 PROCEDURES AND RULES - In a rule to govern a point of procedure, Rosenberg’s Rules of Order shall govern, unless there is a conflict between the rules set forth herein in Sections 1.1 through 7.4, at which point Sections 1.1 through 7.4 shall govern. B.1.a Packet Pg. 18 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 10 V ADDRESSING THE COUNCIL 5.1 MANNER OF ADDRESSING THE COUNCIL - Any person desiring to address the Council shall fill out a request to speak form and wait to be recognized by the Mayor, and after being recognized shall proceed to the podium, or microphone. Such persons are requested to state for the record his or her name and address. Remarks are to be limited to the subject under discussion. 5.2 TIME LIMITATION - Any public member addressing the Council shall limit his or her address to three (3) minutes. The Mayor or a Council Member may move to extend the time limitation which shall be extended upon a majority vote of the Council. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesman be chosen to represent the group, so as to avoid unnecessary repetition. A speaker may not yield time to another speaker. 5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE - After a motion has been made, no person shall address the Council without securing permission by a majority consensus of the Council. 5.4 WRITTEN COMMUNICATION - Unless specifically requested otherwise, the City Manager is authorized to receive and open all mail addressed to the City Council and take any immediate administrative action required between Council meetings, which does not require specific Council action. Any communication requiring Council action will be reported to the Council at the next possible meeting, together with a report and recommendation of the City Manager. VI MOTIONS 6.1 PROCESSING OF MOTIONS - When a motion is made and seconded, it shall be restated by the Presiding Officer before debate. A motion shall not be withdrawn by the mover without the consent of the Council Member seconding it and the approval of Council. 6.2 DIVISION OF MOTION - If a motion contains two or more divisible propositions, the Mayor may, and upon request of a Council Member shall (unless appealed by another Council Member), divide the motion. 6.3 ORDER OF MOTIONS - When multiple motions are before the body, the last motion is voted on first. B.1.a Packet Pg. 19 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 11 Non-Debatable Motions: a. Adjourn, b. Recess c. Fix the time to adjourn Super Majority Votes: (2/3 vote required) a. Limit debate b. Close nominations c. Object to the consideration of an item d. Suspend the rules e. Reconsider – (A member of the majority of the previous vote must motion at the same or next meeting.) 6.4 PARTICULAR MOTIONS, PURPOSE, AND CRITERIA 1. Motion to Adjourn: Purpose - To terminate a meeting. Debatable or Amendable - No, except a motion to adjourn to another time is debatable and amendable as to the time to which the meeting is to be 2. Motion to Refer to Commission, Committee, or Staff: Purpose - To refer the question before the Council to a commission, committee, or to the City Staff for the purpose of investigating or studying the proposal and to make a report back to the Council. If the motion fails, discussion or vote on the question resumes. Debatable or Amendable -Yes. 3. Motion to Amend: Purpose - To modify or change a motion that is being considered by the Council so it will express more satisfactorily the will of the members. If there are two amendments, the second amendment is voted upon first if it carries, it automatically cancels the first amendment, and the vote is taken on the amended motion. An amendment motion relating to a different matter shall not be in order. Debatable or Amendable - Yes. 4. Postpone Indefinitely: Purpose - To prevent further discussion and voting on the main motion. If the motion fails, discussion and voting on the main motion resumes. If it passes, the subject of main motion shall not be brought up again for the remainder of the meeting. Debatable or Amendable - It is debatable but not amendable. B.1.a Packet Pg. 20 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 12 5. Main Motion: Purpose - The primary proposal or question before the Council for discussion and decision. Debatable or Amendable - Yes. VII VOTING 7.1 VOTING PROCEDURE - Motions will be adopted by either electronic voting system, voice or roll call vote. The results of the vote shall be entered in full in the minutes. 7.2 VOTING - Every ordinance, resolution, and payment of money requires three affirmative votes. Emergency ordinances require four affirmative votes. Unless otherwise required by law, all other actions of the Council require a majority vote of the Council Members present. 7.3 FAILURE TO VOTE - Every Council Member should vote unless disqualified for a personal conflict of interest. Self-disqualification, without cause, which results in a tie vote shall be avoided; but no Council Member shall be forced to vote. A Council Member who abstains shall, in effect, consent that a majority of the quorum may act for him or her. Tie votes shall be lost motions and may be reconsidered. 7.4 RECONSIDERATION - After motion and vote by the Council, such action may be reconsidered or rescinded only in the following manner: Reconsideration: A motion to set aside a vote (to reconsider) on a main motion shall always be in order at the same meeting or at the next regular Council meeting following the action. The motion can be made by any Council Member who voted affirmatively on the matter. If the motion to reconsider passes, the effect thereof is to overrule and cancel the prior action and rehear the original subject. Lost Motion: A lost motion is one that fails to receive the necessary number of votes to carry. Tie votes result in a lost motion. A tie vote which has resulted from there being present less than a full Council shall be automatically reconsidered at the next Council meeting at which all members are present. Lost motions may be renewed at any subsequent Council meeting. To revive a lost motion at the same meeting, the proper action is a motion to reconsider (discussed above). B.1.a Packet Pg. 21 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 14 Rosenberg’s Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg VIII ROSENBERG'S RULES OF ORDER B.1.a Packet Pg. 22 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 15 2 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 of Order — 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 of Order 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 of Order. 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 clear. 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 of the majority while protecting the rights of the 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 permitting the minority to also express itself, but not dominate, while fully participating in the process. 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 play a 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: B.1.a Packet Pg. 23 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 16 3 First, 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. 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 10-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 of the 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 10-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.” B.1.a Packet Pg. 24 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 17 4 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 different, 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 parliamentary tool 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 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 (10-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. B.1.a Packet Pg. 25 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 18 5 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 matter, 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 of an 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. Motion to close 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 object 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 defeated. 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 fiv e-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 of the board. (California Government Code Section 25005.) Typically, this means three of the fi e members of the board must vote affir matively in favor of the 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 B.1.a Packet Pg. 26 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 19 6 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? Here 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. 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 not 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 to 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. B.1.a Packet Pg. 27 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 20 7 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 members 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. 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: Rule 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. B.1.a Packet Pg. 28 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 21 1400 K Street, Sacramento, CA 95814 (916) 658-8200 | 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. B.1.a Packet Pg. 29 At t a c h m e n t : A t t a c h m e n t I - C u r r e n t C o u n c i l P r o c e d u r e s - 0 6 _ 2 5 _ 2 0 1 9 ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d B.1.b Packet Pg. 30 At t a c h m e n t : A t t a c h m e n t I I - C i t y C o u n c i l S p e c i a l M e e t i n g M i n u t e s ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d L e g i s l a t i v e B.1.b Packet Pg. 31 At t a c h m e n t : A t t a c h m e n t I I - C i t y C o u n c i l S p e c i a l M e e t i n g M i n u t e s ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d L e g i s l a t i v e B.1.b Packet Pg. 32 At t a c h m e n t : A t t a c h m e n t I I - C i t y C o u n c i l S p e c i a l M e e t i n g M i n u t e s ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d L e g i s l a t i v e 01247.0001/659185.2 CITY OF GRAND TERRACE CITY COUNCIL PROCEDURES AND PROTOCOLS HANDBOOK Adopted ________ If you have any questions about this handbook, please feel free to contact the City Clerk by phone at (909) 824-6621 ext. 230 and e-mail at dthomas@grandterrace-ca.gov . B.1.c Packet Pg. 33 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 -i- TABLE OF CONTENTS CITY COUNCIL PROCEDURES ...............................................................................................1 INTRODUCTION & CONTENTS ........................................................................................1 SECTION 1. PUBLIC PARTICIPATION IN COUNCIL MEETINGS ...........................2 1.1 Policy ............................................................................................................................2 1.2 Purpose ..........................................................................................................................2 1.3 Summary of Rules.........................................................................................................2 1.4 General Requirements ...................................................................................................2 A. Accessibility ...........................................................................................................2 B. Presiding Officer’s Permission Required ...............................................................3 C. Recording and Identification ..................................................................................3 D. Specific Requirements and Time Limits ................................................................3 SECTION 2. COUNCIL MEETING & AGENDA GUIDELINES....................................6 2.1 Policy ............................................................................................................................6 2.2 Purpose ..........................................................................................................................6 2.3 Summary of Guidelines ................................................................................................6 A. Regular Meetings ....................................................................................................6 B. Special Meetings .....................................................................................................6 C. Study Sessions ........................................................................................................6 D. Closed Sessions ......................................................................................................7 2.4 General Requirements ...................................................................................................7 A. Regular Meetings ....................................................................................................7 B. Telephonic Attendance of Council Members At Council Meetings ......................7 C. Items Considered After 10:30 p.m. .........................................................................9 D. Late Submittal of Correspondence or Other Information Related to Planning Applications ............................................................................................................9 E. Agenda Order ..........................................................................................................9 F. Council Comment .................................................................................................10 G. Public Comment ...................................................................................................10 H. Council Requests to Remote Item ........................................................................11 I. Hearing of Removed Items ....................................................................................11 J. Consent Calendar Categories .................................................................................11 K. Council Member Questions, Comments and Announcements ..............................13 L. Closed Sessions .....................................................................................................13 M. Adjournment ........................................................................................................13 N. Rescheduling Agenda Items .................................................................................13 O. Future Agenda Items ............................................................................................14 P. Special Meetings ...................................................................................................14 Q. Study Sessions ......................................................................................................15 R. Closed Sessions ....................................................................................................15 S. Motions, Debate & Voting ....................................................................................17 T. Motions .................................................................................................................17 U. Debate and Voting ................................................................................................22 B.1.c Packet Pg. 34 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 -ii- V. Quasi-Judicial/Planned Community Hearings .....................................................24 W. Standing Committees ...........................................................................................27 X. Ad Hoc Committees .............................................................................................29 2.5 Election of Mayor ........................................................................................................... CITY COUNCIL PROTOCOLS................................................................................................32 SECTION 1. CORE RESPONSIBILITIES .......................................................................33 SECTION 2. COUNCIL CONDUCT .................................................................................34 2.1 Public Meetings ..........................................................................................................34 2.2 Private Encounters ......................................................................................................34 2.3 Council Conduct with City Staff.................................................................................35 2.4 Conduct with Grand Terrace Boards and Commissions .............................................36 2.5 Staff Conduct with City Council.................................................................................39 SECTION 3. OTHER PROCEDURAL ISSUES ...............................................................40 3.1 Commit to Annual Review of Important Procedural Issues .......................................40 3.2 Don’t Politicize Procedural Issues (e.g. Minutes Approval or Agenda Order) for Strategic Purposes .............................40 3.3 Submit Questions on Council Agenda Items Ahead of Meeting ................................40 3.4 Submittal of Materials Directly to Council .................................................................40 3.5 Late Submittal of Correspondence or Other Information Related to Planning Applications ...............................................................................40 3.6 Respect the Work of the City Council Standing Committees.....................................41 SECTION 4. ENFORCEMENT ..........................................................................................42 4.1 Enforcement ................................................................................................................42 4.2 Censure of Legislative Body Members........................................................................42 4.3 Personal Code of Conduct for Members of the City Council .....................................44 SECTION 5. CITY COUNCIL EMAILS FOR AGENDA-RELATED ITEMS ............45 5.1 Policy ..........................................................................................................................45 5.2 Procedure ....................................................................................................................45 SECTION 6. CITY COUNCIL AND BOARDS AND COMMISSIONS POLICY FOR TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT, March 2006 ...................................................................................................47 6.1 Eligible Activities .......................................................................................................47 6.2 Travel and Related Business Expenses .......................................................................47 6.3 Reports to Council ......................................................................................................47 6.4 Violation of This Policy ..............................................................................................48 6.5 Support Services ..........................................................................................................48 CITY OF GRAND TERRACE COUNCIL PROTOCOLS ETHICS ADDENDUM ............49 A. Comply with Law .................................................................................................49 B. Conduct of Members ............................................................................................49 C. Respect for Process ...............................................................................................49 B.1.c Packet Pg. 35 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 -iii- D. Decisions Based on Merit .....................................................................................49 E. Conflict of Interest ...............................................................................................49 F. Gifts and Favors ....................................................................................................50 G. Confidential Information ......................................................................................51 H. Use of Public Resources .......................................................................................52 I. Representation of Private Interests ........................................................................52 J. Advocacy ...............................................................................................................52 K. Positive Work Place Environment ........................................................................52 B.1.c Packet Pg. 36 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 -1- CITY COUNCIL PROCEDURES INTRODUCTION & CONTENTS This handbook describes the way the Grand Terrace City Council does its business. It is intended to accomplish two goals. First, the handbook is an informational guide for anyone doing business or appearing before the City Council. Second, the handbook is a compilation of Procedures and Protocols that have been formally adopted by Council Resolution. The handbook is organized into two sections: 1) Public Participation in Council Meetings This section explains the basic rules for speaking to the City Council. It covers things like when to speak, time limits, and how groups of speakers are handled. 2) Council Meeting & Agenda Guidelines This section explains the different kinds of meetings the City Council holds, what they are for, and how the meeting agenda is prepared. B.1.c Packet Pg. 37 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -2- SECTION 1. PUBLIC PARTICIPATION IN COUNCIL MEETINGS 1.1 Policy It is the policy of the City Council to assure that members of the public have the opportunity to speak to any regular or special meeting agenda item before final action. These rules establish the rights and obligations of persons who wish to speak during City Council meetings. 1.2 Purpose These rules are intended to enhance public participation and Council debate so that the best possible decisions can be made for Grand Terrace. Grand Terrace has a long and proud tradition of open government and civil, intelligent public discourse. Open government meetings must allow everyone to be heard without fear of cheers or jeers. For these reasons, the City Council takes these rules seriously. Disruptive or unruly behavior in violation of the law can result in removal from the Council meeting and/or arrest and prosecution. 1.3 Summary of Rules Every regular City Council agenda has two different kinds of opportunities for the public to speak. The first is during Oral Communications. This part of the meeting is provided so that the public can speak to anything that is in the City’s jurisdiction, even if there is no action listed on the agenda. The Council allows three minutes per speaker, but limits the total time to 30 minutes per meeting. State law does not permit the Council to respond to oral communications, but City staff may be asked to follow up on any concerns that are raised. The second opportunity to speak is during the public comment or public hearing portion of Each Agenda Item. Public comments or testimony must be related to the matter under consideration. The Council allows three minutes per speaker for most matters. During “quasi-judicial” hearings (where the City Council is legally required to take evidence and make impartial decisions based upon that evidence), the applicant or appellant may have up to ten minutes at the outset and three minutes for rebuttal at the end. These hearings are specially marked on the Council agenda. A person who wants to speak to the Council must fill out a speaker card and hand it in to the City Clerk. The Clerk will give the cards to the Mayor or Mayor Pro Tem so that the speakers can be identified and organized in an orderly way. 1.4 General Requirements A. Accessibility Grand Terrace makes every reasonable effort to accommodate the needs of the disabled. Any provision of these rules may be modified if needed to provide reasonable accommodation. Persons needing assistance should contact: contact the City Clerk by phone at (909) 824-6621 ext. 230 and e-mail at dthomas@grandterrace-ca.gov. B.1.c Packet Pg. 38 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -3- B. Presiding Officer's Permission Required The presiding officer at Council meetings (usually the Mayor or Mayor Pro Tem) is legally required to “preserve strict order and decorum.” This is important in order to assure a fair opportunity for everyone to participate in an open and civil setting. • Any person desiring to address the Council must first get the permission of the presiding officer by completing a speaker card and handing the card to the City Clerk. • The presiding officer shall recognize any person who has given a completed card to the City Clerk. • No person, other than a Council Member and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer. • No person shall enter the staff area of the Council dais without the permission of the Presiding Officer or appropriate Council Appointed Officer. C. Recording and Identification Persons wishing to address the Council shall comply with the following: • Use the microphone provided for the public and speak in a recordable tone, either personally or with assistance, if necessary. • State their name and address if presenting evidence in a hearing required by law. • Other speakers should state their name and address, but cannot be compelled to register their name or other information as a condition to attendance at the meeting. D. Specific Requirements and Time Limits (1) Oral Communications Oral communications shall be limited to three minutes per speaker and will be limited to a total of thirty minutes for all speakers combined. • Oral communications may be used only to address items that are within the Council’s subject matter jurisdiction, but not listed on the agenda. B.1.c Packet Pg. 39 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -4- • Oral communications may not be used to address matters where the receipt of new information would threaten the due process rights of any person. • All remarks shall be addressed to the Council as a body and not to any individual member. • Council members shall not enter into debate or discussion with speakers during oral communications. • The presiding officer may direct that the City Manager will respond to the person speaking and/or the Council at a later date. (2) Other Agenda Items Public comments or testimony on agenda items other than Oral Communications shall be limited to a maximum of three minutes per speaker unless additional time is granted by the presiding officer. The presiding officer may reduce the allowed time to less than two minutes if necessary to accommodate a larger number of speakers. (3) Spokesperson for a Group When any group of people wishes to address the Council on the same subject matter, the presiding officer will request that a spokesperson be chosen by the group to address the Council. Spokespersons who are representing a group of five or more people who are present in the Council chambers will be allowed ten minutes and will to the extent practical be called upon ahead of individual speakers. (4) Quasi-Judicial/ Planned Community Hearings In the case of a quasi-judicial hearing, single applicants and appellants shall be given ten minutes for their opening presentation and three minutes for rebuttal before the hearing is closed. In the case of a quasi- judicial hearing for which there are two or more appellants, the time allowed for presentation and rebuttal shall be divided among all appellants, and the total time allowed for all appellants shall be a total of twenty minutes for the opening presentation and six minutes for rebuttal before the hearing is closed; however, under no circumstances shall an individual appellant be given less than five minutes for presentation and three minutes for rebuttal. In the event a request is made and the need for additional time is clearly established, the presiding officer shall independently, or may upon advice of the city attorney, grant sufficient additional time to allow an adequate presentation by the applicant or appellant in a hearing required by law. B.1.c Packet Pg. 40 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -5- (5) Addressing the Council after a Motion Following the time for public input and once the matter is returned to the Council no person shall address the Council without first securing the permission of the Council so to do, subject to approval of the City Attorney with respect to any hearing required by law. (6) Decorum The Grand Terrace Municipal Code makes it unlawful for any person to: • Disrupt the conduct of a meeting • Make threats against any person or against public order and security while in the Council chamber. • Use the Council Chambers during meetings for any purpose other than participation in or observation of City Council Meetings. Any Council Member may appeal the presiding officer’s decision on a decorum violation to the full Council. Decorum violations are punishable as a misdemeanor and may lead to a person being removed from the Council meeting. B.1.c Packet Pg. 41 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -6- SECTION 2. COUNCIL MEETING & AGENDA GUIDELINES 2.1 Policy It is the policy of the Council to establish and follow a regular format for meeting agendas. 2.2 Purpose The purpose of these guidelines is to facilitate the orderly and efficient conduct of Council business. This purpose recognizes the value of establishing a community understanding of meeting procedures so that broad public participation is encouraged. This purpose also recognizes that Council Members must have a common approach to the discussion and debate of City business so that meetings are both streamlined and thorough. 2.3 Summary of Guidelines The City Council generally conducts four different kinds of meetings. These are Regular Meetings, Special Meetings, Study Sessions, and Closed Sessions. A. Regular Meetings are conducted at City Hall on the second and fourth Tuesday nights of each month, except during the Council’s annual vacation. The meetings will begin at 6:00 p.m. Regular meeting agendas must be posted at City Hall no later than 6:00 p.m. on the preceding Friday as required by the Brown Act. It is City policy to make every effort to complete and distribute the agenda and related reports by the preceding Wednesday. For major complex projects and policies, the City will make every effort to distribute these reports two weeks prior to the meeting when the item will be considered. Once the agenda is posted, it shall also be uploaded to the City Council web page for use by the public. It is City policy to make every effort to complete and distribute the agenda and related reports by the preceding Wednesday. For major, complex projects and policies, the City will make every effort to distribute these reports two weeks prior to the meeting when the item will be considered. B. Special Meetings are “special” because the mayor or Council can call them on a minimum of 24 hours notice. Special meetings need not be held at City Hall, as long as the alternate location is within the City. The Council makes every effort to provide notice well in advance of 24 hours, especially when the special meeting is for the purpose of conducting a Study Session. C. Study Sessions are meetings during which the Council receives information about City business in an informal setting. The informal study session setting is intended to encourage in-depth discussion and detailed questioning and brainstorming by Council on issues of significant interest. The Council may discuss the material freely without following formal rules of parliamentary procedure. Staff may be directed to bring matters back for future Council consideration as no action can be taken at a study session. Public comments on study session items may be received together with oral communications B.1.c Packet Pg. 42 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -7- immediately following the session or may be heard during discussion of the item as determined by the Mayor. The Decorum rules still apply to the behavior of the Council and public. D. Closed Sessions can be part of regular or special meetings. Closed sessions are the only kind of Council meeting that the public cannot attend. State law allows closed sessions to discuss pending litigation, employment issues, real estate negotiations and certain other matters. Members of the public are permitted to make public comments on closed session matters. The Council must make a public report after the session when certain kinds of actions are taken. These are guidelines, not rules. The Council intends that City staff and Council Members will follow these guidelines. However, these guidelines should not be used in a way that leads to inefficiency, unfairness, or the promotion of form over substance. State law establishes a variety of mandatory meeting rules the City must follow in order to assure open and public government, regardless of unusual situations and consequences. 2.4 General Requirements A. Regular Meetings Attendance Required. Council Members, the City Clerk, City Attorney, and City Manager, along with any other city officers and department heads that have been requested to be present, shall take their regular stations in the Council chamber at 6:00 p.m. on the second and fourth Tuesdays of each month, except during the established Council vacation. The Council expects its members to attend regularly and notify the City Clerk of any planned absences. B. Telephonic Attendance Of Council Members At Council Meetings The City Council Procedures provisions concerning Telephonic Attendance shall apply to all Boards and Commissions as well as the City Council. Requests by Council Members to attend a Council meeting via telephonic appearance are actively discouraged. Telephonic attendance shall only be permitted in the event of extraordinary events such as a medical, family or similar emergency requiring a Council Member’s absence. In addition, at least a quorum of the Council must participate from a location within the City (Government Code Section 54953(b)(3)). If these two threshold requirements are met, the Council Member who will be appearing telephonically must ensure that: • The meeting agenda identifies the teleconference location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to the meeting. B.1.c Packet Pg. 43 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -8- • The teleconference location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. • The teleconference technology used is open and fully accessible to all members of the public, including those with disabilities. • Members of the public who attend the meeting at the teleconference location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers. • The teleconference location must not require an admission fee or any payment for attendance. If the Council Member determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting via teleconference. Approved Teleconference Guidelines for Council Members: • One week advance written notice must be given by the Council Member to the City Clerk’s office; the notice must include the address at which the teleconferenced meeting will occur, the address the Council packet should be mailed to, who is to initiate the phone call to establish the teleconference connection, and the phone number of the teleconference location. Cellular telephones shall not be used to participate in teleconferenced meetings. • The Council Member is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by faxing or mailing the agenda to whatever address or fax number the Council Member requests; however, it is the Council Member’s responsibility to ensure that the agenda arrives and is posted. If the Council Member will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the one-week advance written notice above. • The Council Member must ensure that the location will be publicly accessible while the meeting is in progress. B.1.c Packet Pg. 44 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -9- • The Council Member must state at the beginning of the Council meeting that the 72-hour posting requirement was met at the location and that the location is publicly accessible, and must describe the location. Furthermore, the City Clerk will provide Council with a quarterly report detailing the telephone charges associated with teleconferenced meetings. C. Items Considered After 10:30 p.m. The City Council makes every effort to end its meetings before 11:00 p.m. The Council also generally does not take up new matters after 10:30 p.m. Before 10:00 p.m. the Council will decide and announce whether it will begin consideration of any agenda items after 10:30 and, if so, which specific items will be taken up. D. Late Submittal of Correspondence or Other Information Related to Planning Applications. In order to allow for adequate Staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the City Council must be submitted to staff not later than noon five working days prior to the release of the Council Agenda Packet. If any correspondence or other information is submitted after this deadline to Council Members or staff, and Staff determines additional review is needed Staff will reschedule the item for a future Council meeting. If a Council member receives planning application materials from a project applicant he or she shall notify the City Clerk and the City Manager as soon as possible. There are no restrictions on the rights of applicants or others to comment or respond to information contained within the Staff Report. At the meeting the City Council may determine whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project or significant new information become known. Nothing in this statement is intended to restrict the rights of applicants or other interested parties to respond to information contained in or attached to a Staff Report. E. Agenda Order The order of business of each meeting shall be as contained in the agenda prepared by the Clerk/Secretary unless the majority of the Legislative Body members consent to take items out of order. The order of business at meetings of the Legislative Body may be as follows, in accordance with the procedures specified below: (a) Call to Order. (b) Roll Call. (c) Public Comment period on Closed Session, if applicable B.1.c Packet Pg. 45 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -10- (d) Announcement of Closed Session Items, if applicable. (e) Recess to Closed Session. (f) Reconvene Regular Meeting. (g) Roll Call (h) Pledge of Allegiance. (i) Closed Session Report, if applicable. (j) Presentations. (k) Public Comment period. (l) Mayor and Council Communications. (m) City Manager’s Report (n) Public Hearings, if applicable. (o) Business Calendar. (p) Consent Calendar. (q) Future Agenda Items (r) Adjournment. F. Council Comment No discussion or debate shall be permitted upon items upon the consent calendar; however, any Council Member may request that his or her vote be recorded as a "no" or "not participating" due to a specified conflict of interest on any individual item. Council Members may also explain their "no" votes at the end of the Consent Calendar, with a 3 minute time limit for each Council Member. Council Members may also submit statements in writing to the City Clerk before action is taken. The City Clerk shall preserve and make available such written statements in a manner consistent with the Brown Act and shall assure that the minutes of the meeting make reference to the existence and location of such written statements. G. Public Comment If members of the public wish to speak to items on the Consent Calendar, the Mayor will have the option of allowing the testimony prior to adoption of the Consent Calendar, or removing the item from the consent calendar and hearing the public comment at a later time, prior to the vote on the item. B.1.c Packet Pg. 46 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -11- H. Council Requests to Remove Item Any Council Member may request that an item be removed from the consent calendar; if the request is seconded, the item will be removed from the consent calendar. The City Manager’s office should be advised, in writing, of a request for removal no later than noon the day of the meeting. I. Hearing of Removed Items Removed items will be heard either later in the meeting or agendized for a discussion at a subsequent meeting, depending upon the number of speakers and the anticipated length of the items that have been officially scheduled for discussion on a particular evening. The Mayor will decide when during the meeting any removed items will be heard. J. Consent Calendar Categories The consent calendar shall be presented in 5 categories in the following order: (1) Ordinances and Resolutions The following ordinances and resolutions may appear on a consent calendar: • Second Reading (passage and adoption) of Ordinances. • A resolution which are ceremonial in nature. • Ordinances or resolutions that implement a prior Council policy direction in the manner contemplated by the Council's previous actions, in the Adopted Budget (including the Capital Improvement Program and especially in the department key plans); and the Council Top Priority Workplan, among other sources.. • Budget amendment ordinances that accept funding such as grants or gifts, provided Council has previously approved the activity or program. • Resolutions approving funding applications, such as grants or loans, provided that the program or activity has been previously approved by Council. (2) Administrative Matters Including Contracts, Appointments, Approval of Applications, and Any Other Matter. The titles of administrative matters need not be read. An administrative matter may be placed on the consent calendar if it is: B.1.c Packet Pg. 47 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -12- • An action that is merely the administrative execution of previous Council direction. The Council direction and vote will be quoted in the staff report accompanying the item. • Contracts for which the subject or scope of work has been previously reviewed by the City Council. • A contract for goods, general services, professional services, public works projects, dark fiber licensing contracts or wholesale commodities, purchases, as outlined in the Purchasing Ordinance, provided such contracts represent the customary and usual business of the department as included in the Adopted Budget. Examples include: routine maintenance contracts, annual audit agreement; software and hardware support agreements, janitorial services, copier agreements or postage machine agreements. • Rejection of bids. • Approval of funding applications, such as grants or loans, provided that Council has previously approved the general program or activity. • Formal initiation, for consideration at a later date, of a zoning code amendment or review process, such as preliminary review. • Status report required by law for fee administration. • Cancellation of meetings or scheduling of special meeting. (3) Request to Refer Items to Any Council Standing Committee, Committee, Board, Commission or Council Appointed Officer. The consent calendar includes matters for which staff is merely seeking Council approval of a referral to a Council standing committee or other City official, advisory board or commission. This does not preclude staff from making referrals to the standing committees. Staff uses such referrals in order to expedite the business of the full Council, since its agenda is so full. Discussion of a complex issue by another body, provides an opportunity for public input and extended discussion by the members of the body. The full Council is then able to benefit from the minutes of that discussion when the item comes back to the Council for final approval. . B.1.c Packet Pg. 48 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -13- (4) Items Recommended for Approval if the Committee Unanimously Recommends Placement on the Consent Calendar, Unless Otherwise Recommended by the Committee, Mayor, or Staff. (5) Items Recommended for Approval, and for Placement on the Consent Calendar, by any Council-Appointed Boards and Commissions, Provided that Other Public Hearing Requirements are Not in Effect. (6) Agenda Changes, Additions, and Deletions (7) Action Items: • Unfinished Business • Public Hearings • Reports of committees/commissions • Ordinances and Resolutions • Reports of officials K. Council Member Questions, Comments and Announcements The purpose of this agenda item is to allow Council to question staff briefly on matters upon which Council has taken action or given direction, make general comments as a reference to staff on factual matters of community concern, or make brief announcements in a manner consistent with Government Code section 54952.2. New assignments will not be given nor will major policy issues be discussed or considered. To the extent possible, Council will confer with staff before raising matters under this agenda item. This agenda item will generally be limited to 15 minutes in length and the public may not speak to matters discussed; L. Closed Sessions Special closed sessions will be scheduled before or after regular or special Council meetings to the extent possible and appropriate. Closed sessions may be scheduled during a regular or special Council meeting, but this is discouraged by Council. M. Adjournment N. Rescheduling Agenda Items When the Council is unable to complete its agenda the remaining business will generally be rescheduled as follows. Nothing in this section shall be deemed to supersede or conflict with state law. B.1.c Packet Pg. 49 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -14- (1) Meeting Adjourned Sine Die When a regular meeting is adjourned sine die (without a day), all unfinished items will be listed under unfinished business on the next regular Council meeting agenda; except, that where deemed necessary, the City Clerk, with the City Manager's concurrence, may place those business items in a different order on the agenda. (2) Meeting Adjourned to Date Certain When a regular meeting is adjourned to another regular meeting night, all unfinished items will be listed in their original order after roll call on the agenda of such designated regular meeting. (3) Continued Items When an item on the agenda is continued to a subsequent meeting, such item will be listed under unfinished business on such agenda unless the Council by majority vote chooses to place such item in a different location on such agenda or unless the City Clerk, with the City Manager's concurrence, deems it necessary to place such item at a different location on such agenda. O. Future Agenda Items If a City Council Member is interested in a task or project that will require more than one hour of staff time to complete, the City Council Member shall submit the item to the City Manager and the item shall be agendized in this section to ask the City Council if time should be spent on preparing a report on the proposed item. To ensure compliance with the Brown Act, all item requests shall be submitted to the City Manager at least one week in advance of the meeting so that the item can be included on the agenda under this section. In order for any listed item to be placed on a future agenda for substantive discussion, the City Council must act by formal motion (i.e., requires a motion and a second) to direct the City Manager to place the item on a future agenda. Pursuant to the requirements of the Brown Act, no other items may be considered other than those listed in this section. P. Special Meetings Special meetings may be called by the Mayor or City Council by providing a minimum of 24-hours posted notice in the manner required by state law. To the greatest extent possible, special meetings called for other than regular meeting days should be scheduled by a majority of the Council present and voting at a regular meeting. Unlike regular meetings, there are no circumstances that permit the City Council to add new items to a special meeting agenda or notice. B.1.c Packet Pg. 50 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -15- Q. Study Sessions Study sessions are meetings during which the Council receives information about City business in an informal setting. (1) Time Special study sessions will be held as needed. (2) No Formal Rules Study sessions are intended to be conducive to in-depth factual presentations by City staff and detailed questioning and brainstorming by Council. The Council may discuss the material freely without following formal rules of parliamentary procedure, and the Mayor shall have discretion to determine the appropriate process for conducting the study session, including when public comment and oral communications will be heard. (3) Public Participation. The general rules of decorum apply. (4) No Final Action Staff may be directed to bring matters back for Council consideration at future meetings, as no action can be taken. R. Closed Sessions Closed sessions are the only kind of Council meeting that the public cannot observe. State law allows closed sessions to discuss pending litigation, employment issues, real estate negotiations and certain other matters. To the greatest extent possible, the City Attorney and City Clerk shall use standardized agenda descriptions that are consistent with Government Code section 54954.5. (1) Announcements Before Closed Sessions The mayor shall announce the item or items to be considered in closed session by reference to the appropriate agenda number or letter, or in an alternate form that shall be provided by the City Attorney. (2) Public Comments Members of the public are permitted to make public comments on closed session matters. The City Clerk shall be present in the open session to record Council attendance and any statements made during oral communications or by the Council. B.1.c Packet Pg. 51 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -16- (3) Attendance The City Manager and City Attorney, or their designees, shall attend closed sessions unless it is necessary to excuse them. Only such additional staff shall attend as are necessary and then only if the legal privileges of confidentiality obtained in an executive session are not waived. (4) Public Reports State Law requires the Council to make a public report after a closed session when certain kinds of actions are taken. Reports from closed sessions shall be made by the Mayor, the Mayor Pro Tem in the Mayor's absence, or such other City representative as designated by the Council or its committees. Such designated person is the only individual authorized to make public statements concerning the closed session. It is the policy of the City Council to inform the public of action taken in closed session to the greatest extent possible. It is recognized, however, that the need for confidentiality is inherent in closed sessions and that certain matters if revealed may be a detriment to the results desired. The Council shall publicly report: (a) any decision to appoint, employ, or dismiss a public employee and the roll call vote thereon at its next public meeting, (b) actions related to litigation and the roll call vote on such actions, unless the report would, in the written opinion of the City Attorney for specifically stated reasons, clearly jeopardize the city’s ability to effectuate service of process on one or more unserved parties or impair the city’s ability to resolve the matter through negotiation, mediation or other form of settlement. Notwithstanding the City Attorney's written opinion, the Council may under any circumstance, by majority vote, determine that it is in the City's best interests to disclose actions taken in closed session related to litigation. The public report shall be given as soon as possible, but no later than the next regular meeting, and shall include the vote or abstention of every member present. The City Attorney’s written opinion shall be made public, along with any action taken and any vote thereon, as soon as any litigation is concluded. The City Attorney shall record any action and vote upon such forms as the City Attorney may deem desirable. (5) No Minutes No minutes of closed sessions shall be kept. (6) Confidentiality No person in attendance at a closed session may disclose the substance or effect of any matter discussed during the session. B.1.c Packet Pg. 52 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -17- S. Motions, Debate & Voting (1) Policy It is the policy of the Council to follow simplified rules of parliamentary procedure for motions, debate and voting. These rules focus on the types of motions the Council can debate and when those motions are properly used. (2) Purpose The purpose of these rules to facilitate orderly and thorough discussion and debate of Council business. These rules shall not be applied or used to create strategic advantage or unjust results. (3) Summary of Rules Grand Terrace follows Rosenberg’s Rules of Order. A summary of Rosenberg’s Rules of Order is attached and also referenced in the table below. T. Motions A motion is a formal proposal by a Council Member asking that the Council take a specified action. A motion must receive a second before the Council can consider a matter. Matters returning to the Council with unanimous approval from a standing committee will be introduced without a motion if directed by the committee. (1) Types of Motions There are two kinds of motions. These are the “main” motion and any secondary motions. Only one main motion can be considered at a time. (2) Procedure: • Get the Floor A Council Member must receive the permission of the Mayor (or other presiding officer) before making a motion. • State the Motion A motion is made by a Council Member (the “maker”) stating his or her proposal. Longer proposals can be written and may be in the form of a resolution. • Second Required Any other Council Member (including the presiding officer) who supports the proposal (or who simply wishes it to be considered) may “second” the motion without first being recognized. A B.1.c Packet Pg. 53 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -18- motion to raise a question of personal privilege does not require a second. • Motion Restated The Mayor should restate the motion for the record, particularly if it is long or complex. • Lack of a Second If there is no second stated immediately, the Mayor should ask whether there is a second. If no Council Member seconds the motion the matter will not be considered. • Discussion The maker shall be the first Council Member recognized to speak on the motion if it receives a second. Generally Council Members will speak only once with respect to a motion. If the Mayor or Council permits any Council Member to speak more than once on a motion, all Council Members shall receive the same privilege. • Secondary Motions Secondary motions may be made by a Council Member upon getting the floor. • Action After discussion is complete the Council will vote on the motion under consideration. (3) Precedence of Motions When a motion is before the Council, no new main motion shall be entertained. The Council recognizes the following secondary motions which may be considered while a main motion is pending. These motions shall have precedence in the order listed below. This means that a secondary motion that is higher on the list will be considered ahead of a pending secondary motion that is lower on the list: • Fix the time to which to adjourn; • Adjourn; • Take a recess; • Raise a question of privilege; • Lay on the table; • Previous question (close debate); B.1.c Packet Pg. 54 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -19- • Limit or extend limits of debate; • Motion to continue to a certain time; • Refer to committee; • Amend or substitute; (4) Secondary Motions Defined The purpose of the allowed secondary motions is summarized in the following text and table. • Fix the time to which to adjourn This motion sets a time for continuation of the meeting. It requires a second, is amendable and is debatable only as to the time to which the meeting is adjourned. • Adjourn This motion ends the meeting or adjourns it to another time. It requires a second and is not debatable except to set the time to which the meeting is adjourned, if applicable. A motion to adjourn shall be in order at any time, except as follows: (a) when repeated without intervening business or discussion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken. • Take a recess This motion interrupts the meeting temporarily. It is amendable, but is not debatable. • Raise a question of personal privilege This motion allows a Council Member to address the Council on a question of personal privilege and shall be limited to cases in which the Council Member's integrity, character or motives are questioned, or when the welfare of the Council is concerned. The maker of the motion may interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not require a second, is not amendable and is not debatable. • Lay on the table This motion is used to interrupt business for more urgent business. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration. If the motion prevails, and the subject is tabled, the matter must be reagendized in the future if further consideration is to be given to the matter. B.1.c Packet Pg. 55 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -20- • Previous question This motion “calls the question” by closing debate on the pending motion. A motion for previous question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If motion for previous question fails, debate is reopened; if motion for previous question passes, then vote on the pending motion. A motion for previous question requires a two-thirds vote of those Council Members present and voting. • Limit or extend debate This motion limits or extends the time for the Council or any Council Member to debate a motion. It requires a second, is amendable and is not debatable. The motion requires a two-thirds vote of those Council Members present and voting. • Continue to a certain time This motion continues a matter to another, specified time. It requires a second, is amendable and is debatable as to propriety of postponement and time set. • Refer to a city agency, body, committee, board, commission or officer This motion sends a subject to another city agency, body, committee, board, commission or officer for further study and report back to Council, at which time subject is fully debated. It requires a second, is amendable, and is debatable only as to the propriety of referring. The substance of the subject being referred shall not be discussed at the time the motion to refer is made. • Amend or substitute This motion changes or reverses the main motion. It requires a second, is amendable, and is debatable only when the motion to which it applies is debatable. A motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment modifying a motion is in order but an amendment raising an independent question or one that is not germane to the main motion shall not be in order. Amendments take precedence over the main motion and the motion to postpone indefinitely. B.1.c Packet Pg. 56 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -21- Motion Description 2nd Required Debatable Amendable 2/3 Vote Fix the time to which to adjourn Sets a next date and time for continuation of the meeting X Only as to time to which the meeting is adjourned X Adjourn Sets time to adjourn. Not in order if (a) repeated without intervening business (b) made as an interruption of a member while speaking; (c) the previous question has been ordered; and (d) while a vote is being taken X Only to set the time to which the meeting is adjourned Take a recess Purpose is to interrupt the meeting X X Raise a question of privilege This motion allows a Council Member to address Council on a question of personal privilege and shall be limited to cases in which the integrity, character or motives are questioned or where the welfare of the Council is concerned. The maker of the motion may interrupt another speaker if the presiding officer recognizes the “privilege.” The motion does not require a second, is not amendable and is not debatable. Lay on the table Interrupts business for more urgent business X Previous question (close debate or “call the question”) Closes debate on pending motion X X Limit or extend limits of debate Purpose is to limit or extend debate X X X Motion to continue to a certain time Continues the matter to another, specified time X X X Refer to committee Sends subject to another city agency, body, committee, board, commission or officer for further study and report back to council, at which time subject is fully debated X Only as to propriety of referring, not substance of referral X Amend or substitute Modifies (or reverses course of) proposed action. Cannot raise independent question. Can amend an amendment, but no further X Only if underlying motion is debatable X B.1.c Packet Pg. 57 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -22- U. Debate and Voting (1) Presiding officer to state motion The presiding officer shall assure that all motions are clearly stated before allowing debate to begin. The presiding officer may restate the motion or may direct the City Clerk to restate the motion before allowing debate to begin. The presiding officer shall restate the motion or direct the City Clerk to restate the motion prior to voting. (2) Presiding officer may debate and vote The presiding officer may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all Council Members. The presiding officer shall not be deprived of any of the rights and privileges of a Council Member. (3) Division of question If the question contains two or more divisible propositions, each of which is capable of standing as a complete proposition if the others are removed, the presiding officer may, and upon request of a member shall, divide the same. The presiding officer's determination shall be appealable by any Council Member. (4) Withdrawal of motion A motion may not be withdrawn by the maker without the consent of the Council Member seconding it. (5) Change of vote Council Members may change their votes before the next item on the agenda is called. (6) Voting On the passage of every motion, the vote shall be taken by voice or roll call or electronic voting device and entered in full upon the record. (7) Silence constitutes affirmative vote Council Members who are silent during a voice vote shall have their vote recorded as an affirmative vote, except when individual Council Members have stated in advance that they will not be voting. B.1.c Packet Pg. 58 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -23- (8) Failure to vote It is the responsibility of every Council Member to vote unless disqualified for cause accepted by the Council or by opinion of the City Attorney. No Council Member can be compelled to vote. (9) Abstaining from vote Council Members should only abstain if they are not sufficiently informed about an item, e.g. when there was a prior hearing and they were unable to view the prior meeting before the current meeting. In the event of an abstention the abstainer in effect, "consents" that a majority of the quorum of the Council Members present may act for him or her. (10) Not participating A Council Member who disqualifies him or herself pursuant to the Political Reform Act of 1974 because of any financial interest shall disclose the nature of the conflict and may not participate in the discussion or the vote. A Council Member may otherwise disqualify him or herself due to personal bias or the appearance of impropriety. (11) Tie votes Tie votes may be reconsidered during the time permitted by these rules on motion by any member of the Council voting aye or nay during the original vote. Before a motion is made on the next item on the agenda, any member of the Council may make a motion to continue the matter to another date. Any continuance hereunder shall suspend the running of any time in which action of the City Council is required by law. Nothing herein shall be construed to prevent any Council Member from agendizing a matter that resulted in a tie vote for a subsequent meeting. (12) Motion to reconsider A motion to reconsider any action taken by the Council may be made only during the meeting or adjourned meeting thereof when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. The motion must be made by one of the prevailing side, but may be seconded by any Council Member. A motion to reconsider may be made at any time and shall have precedence over all other motions, or while a Council Member has the floor, providing that no vested rights are impaired. The purpose of reconsideration is to bring back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration may not be moved more than B.1.c Packet Pg. 59 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -24- once on the same motion. Nothing herein shall be construed to prevent any Council Member from making a motion to rescind such action at a subsequent meeting of the Council. (13) Appeal from the decision of presiding officer When the rules are silent, the presiding officer shall decide all questions of order, subject to appeal by a Council Member. When in doubt, the presiding officer may submit the question to the Council, in which case a majority vote shall prevail. Any decision or ruling of the presiding officer may be appealed by request of any member. The presiding officer shall call for a roll call or electronic voting device vote to determine if the presiding officer's ruling shall be upheld. If said vote passes or results in a tie vote, the presiding officer's ruling shall stand. If said vote fails, the decision or ruling of the presiding officer is reversed. (14) Getting the floor; improper references to be avoided Every Council Member desiring to speak shall address the chair and, upon recognition by the presiding officer, every Council Member shall be confined to the question under debate, avoiding all indecorous language and personal attacks. (15) Interruptions Except for being called to order, a Council Member once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Council Member called to order while speaking shall cease speaking until the question or order is determined, and, if in order, said Council Member shall be permitted to proceed. V. Quasi-Judicial Hearings Policy It is the policy of the Council to assure that the due process rights of all persons are protected during City hearings. A “quasi-judicial” hearing is a hearing that requires a higher level of procedural due process because of the potential impact on life, liberty or property. Usually, quasi-judicial hearings involve planning- related matters for a single parcel of land and apply facts and evidence in the context of existing law. Findings must be stated to explain the evidentiary basis for the Council’s decision. Purpose These rules are intended to assure that City Council decision making on quasi- judicial matters is based upon facts and evidence known to all parties and to B.1.c Packet Pg. 60 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -25- support the role of Boards and Commissions in making independent recommendations to Council. General Requirements For purposes of this Section, a Quasi-Judicial hearing subject to these rules is a formulated plan to go forward with a particular project or development. (1) Quasi-Judicial/Planned Community Proceedings Defined Quasi-judicial/planned community proceedings subject to these procedural rules include, but not limited to, hearings involving the following matters: • Conditional Use Permits • Variances • Subdivisions, other than final map approvals • Assessment protest hearings • Other matters as determined by the City Attorney • Appeals related to any of the above • Environmental Review relating to any of the above (2) Restrictions on Council Communications Outside of Quasi-Judicial Hearings It is the policy of the Council to discourage the gathering and submission of information by Council Members outside of any noticed public meeting. The following procedural guidelines are intended to implement this policy, but shall not be construed to create any remedy or right of action. (3) Identification of Quasi-Judicial Matters The City Attorney, in conjunction with the City Clerk and City Manager, will identify agenda items involving quasi-judicial decisions on both the tentative and regular Council agendas. This identification is intended to inform the Council, interested parties, and the public that this policy will apply to the item. B.1.c Packet Pg. 61 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -26- (4) Council to Track Contacts Council Members will use their best efforts to track contacts pertaining to such identified quasi-judicial/planned community decision items. Contacts include conversations, meetings, site visits, mailings, or presentations during which substantial factual information about the item is gathered by or submitted to the Council Member. (5) Disclosure When the item is presented to the Council for hearing, Council Members will disclose any contacts which have significantly influenced their preliminary views or opinions about the item. The disclosure may be oral or written, and should explain the substance of the contact so that other Council Members, interested parties, and the public will have an opportunity to become apprised of the factors influencing the Council's decision and to attempt to controvert or rebut any such factor during the hearing. Disclosure alone will not be deemed sufficient basis for a request to continue the item. A contact or the disclosure of a contact shall not be deemed grounds for disqualification of a Council Member from participation in a quasi-judicial/planned community decision unless the Council Member determines that the nature of the contact is such that it is not possible for the Council Member to reach an impartial decision on the item. (6) No Contacts after Hearings Following closure of the hearing, and prior to a final decision, Council Members will refrain from any contacts pertaining to the item, other than clarifying questions directed to City staff. (7) Written Findings Required On any matter for which state law or City ordinance requires the preparation of written findings, the staff report and other materials submitted on the matter will contain findings proposed for adoption by the Council. Any motion directly or impliedly rejecting the proposed findings must include a statement of alternative or modified findings or a direction that the matter under consideration be continued for a reasonable period of time in order for staff to prepare a new set of proposed findings consistent with the evidence which has been presented and the decision which is anticipated. B.1.c Packet Pg. 62 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -27- (8) Rules of Evidence Council hearings need not be conducted according to formal rules of evidence. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons rely in the conduct of serious affairs. The presiding officer may exclude irrelevant or redundant testimony and may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the Council. (9) Burden of Proof The applicant and appellant shall bear the burden of proof on all aspects of the action or relief they seek. The person with the burden of proof must offer evidence to the Council to support his or her position. (10) Council Members Who are Absent During Part of a Hearing A Council Member who is absent from any portion of a hearing conducted by the Council may vote on the matter provided that he or she has watched or listened to a video or radio broadcast, or video or audio recording, of the entire portion of the hearing from which he or she was absent and if she or he has examined all of the exhibits presented during the portion of the hearing from which he or she was absent and states for the record before voting that the Council Member deems himself or herself to be as familiar with the record and with the evidence presented at the hearing as he or she would have been had he or she personally attended the entire hearing. (11) Appeals Appeals to the Council shall be conducted de novo, meaning that new evidence and arguments may be presented and considered. All matters in the record before any other City board, commission or official shall be part of the record before the Council. W. Standing Committees Policy It is the policy of the Council to use standing committees in open and public meetings to study City business in greater depth than what is possible in the time allotted for Council meetings. B.1.c Packet Pg. 63 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -28- Purpose These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for Grand Terrace. General Requirements Council standing committees shall be subject to the following procedural rules: (1) Quorum A majority of the committee membership shall constitute a quorum. (2) Referrals Only the Council or City Manager shall make referrals to the standing committees. Referrals will generally be directed to only one of the standing committees. Items may be withdrawn from the committee and taken up for consideration by the Council at any Council meeting with the consent of a majority of the Council, and subject to any applicable noticing or agenda posting requirements. Council members who submit matters to the Council which are referred to a standing committee may appear before the standing committee to which the referral has been made in order to speak as proponents of the matter. Standing committee meetings during which such referrals may be considered shall be noticed as Council meetings for the purpose of enabling the standing committee to discuss and consider the matter with a quorum of the Council present. (3) Function of committees The purpose and intent of committee meetings is to provide for more thorough and detailed discussion and study of prospective or current Council agenda items with a full and complete airing of all sentiments and expressions of opinion on city problems by both the Council and the public, to the end that Council action will be expedited. Actions of the committee shall be advisory recommendations only. (4) Minutes The City Clerk shall be responsible for the preparation and distribution to the Council of the minutes of standing committee meetings. The minutes for these meetings shall be sense minutes which reflect the motions made during these meetings. The minutes shall be delivered to all Council Members before the Council meeting at which the committee's recommendations are to be discussed. B.1.c Packet Pg. 64 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -29- (5) Report of committee The minutes of each committee meeting shall serve as the report to the Council. Any member may write a separate report. (6) Agenda The chairperson of each standing committee shall prepare the agenda for committee meetings, the sequence of study being, within reasonable limits of practicality, the same as the sequence of referral. (7) Public Participation Public comment on agenda items will be limited to a maximum of three minutes per speaker, or any alternate time limit specified by the presiding officer. (8) Conduct of standing committee meetings The chairperson of each committee may conduct meetings with as much informality as is consistent with Council procedural rules, which shall also be in effect during committee meetings. The views of interested private citizens may be heard in committee meetings, but in no case shall a committee meeting be used as a substitute for public hearings required by law. (9) Oral Communications Opportunities for oral communications shall be provided in the same manner as Council meetings. X. Ad Hoc Committees Policy The Council may use Ad Hoc Committees on a limited basis where necessary to study City business in greater depth than what is possible in the time allotted for Council and Standing Committee meetings. Purpose These rules are intended to clarify the distinctions between Standing and Ad Hoc Committees, and to set up guidelines for creation of Ad Hoc Committees. General Requirements Council Ad Hoc Committees shall be subject to the following procedural rules: B.1.c Packet Pg. 65 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -30- (1) Definition of Ad Hoc Committee An Ad Hoc Committee is an advisory committee composed solely of less than a quorum of members of the Council. The work of an Ad Hoc Committee is limited to a single finite purpose. By contrast, a Standing Committee has continuing subject matter jurisdiction extending for a lengthy time period and/or a meeting schedule fixed by ordinance, resolution, or formal action of the Council. (2) Brown Act Ad Hoc Committees do not constitute legislative bodies and are not subject to the requirements of the Brown Act. (3) Appointment The Mayor or the City Council may appoint two or less members of the Council to serve on an Ad Hoc Committee. In contrast, only the Council and not the Mayor alone can create a Standing Committee. The Mayor will publicly announce any Ad Hoc Committee created by him or her, its membership and stated purpose and posted on the City Council website. The City Manager shall prepare a report to Council about the anticipated time commitment required for staff to assist the Ad Hoc Committee. (4) Duration Ad Hoc Committees are created for a finite period of time. If an Ad Hoc Committee does not complete its task by the end of the calendar year, it shall not continue unless reappointed by the new Mayor in the following year. (5) Members Ad Hoc Committees shall consist of less than a quorum of Council members only, and shall not include any other persons such as members of other legislative bodies. (6) Reporting Ad Hoc Committees shall report their recommendations to the Council no less than once per quarter in writing or orally. Any Council Member may during the COUNCIL MEMBER QUESTIONS, COMMENTS AND ANNOUNCEMENTS request that an updated Ad Hoc Committee report be placed on the next meeting’s agenda. B.1.c Packet Pg. 66 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -31- (7) Termination of Ad Hoc Committee by Majority of Council A majority of the Council may vote to terminate any Ad Hoc Committee following placement of the issue on an agenda. (8) Conclusion A public announcement shall be made any time the Ad Hoc Committee has concluded its work and/or upon dissolution. B.1.c Packet Pg. 67 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -32- CITY COUNCIL PROTOCOLS The handbook is organized into eight sections: 1) Core Responsibilities 2) Council Conduct 3) Other Procedural Issues 4) Policy & Services Committee – Role, Purpose & Work Planning 5) Enforcement 6) City Council Emails for Agenda-Related Items 7) City Council and Board and Commissions Policy for Travel and Miscellaneous Expense Reimbursement B.1.c Packet Pg. 68 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -33- SECTION 1. CORE RESPONSIBILITIES All members of the City Council, including those serving as Mayor and Mayor Pro Tem, have equal votes. No Council Member has more power than any other Council Member, and all should be treated with equal respect. All Council Members: A. Demonstrate honesty and integrity in every action and statement B. Comply with both the letter and spirit of the laws and policies affecting the operation operations of government. C. Serve as a model of leadership and civility to the community D. Inspire public confidence in Grand Terrace government E. Work for the common good, not personal interest F. Prepare in advance of Council meetings and be familiar with issues on the agenda G. Fully participate in City Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others H. Participate in scheduled activities to increase Council effectiveness I. Review Council procedures, such as these Council Protocols, at least annually J. Represent the City at ceremonial functions at the request of the Mayor K. Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations L. Respect the proper roles of elected officials and City staff in ensuring open and effective government M. Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Council Member is out of town B.1.c Packet Pg. 69 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -34- SECTION 2. COUNCIL CONDUCT Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as Council may "agree to disagree" on contentious issues. 2.1 Public Meetings A. Use Formal Titles The Council should refer to one another formally during Council meetings as Mayor, Mayor Pro Tem or Council Member followed by the individual’s last name. B. Practice Civility and Decorum in Discussions and Debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. C. Honor the Role of the Presiding Officer in Maintaining Order and Equity. Respect the Chair's efforts to focus discussion on current agenda items. Objections to the Chair's actions should be voiced politely and with reason, following the parliamentary procedures outlined in the City Council Procedural Rules. D. Demonstrate Effective Problem-Solving Approaches. Council Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Council Members are role models for residents, business people and other stakeholders involved in public debate. E. Be Respectful of Other People's Time. Stay focused and act efficiently during public meetings. 2.2 Private Encounters A. Treat Others as You Would Like to be Treated. Ask yourself how you would like to be treated in similar circumstances, and then treat the other person that way. B.1.c Packet Pg. 70 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -35- 2.3 Council Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City Staff, which analyze problems and issues, make recommendations, and implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. A. Treat All Staff as Professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with your Council colleagues, practice civility and decorum in all interactions with City staff. B. Channel Communications through the Appropriate Senior City Staff. Questions of City staff should be directed only to the City Manager, Assistant City Manager, City Attorney, City Clerk, Senior Assistant City Attorneys, or Department Heads. The Office of the City Manager should be copied on any request to Department Heads. Council Members should not set up meetings with department staff directly, but work through Department Heads, who will attend any meetings with Council Members. When in doubt about what staff contact is appropriate, Council Members should ask the City Manager for direction. C. In Order to Facilitate Open Government, All Council Members Should Make Decisions with the Same Information from Staff On Agendized or Soon-To- Be Agendized Items (i.e. Items on The Tentative Agenda or in a Council Committee). D. Never Publicly Criticize an Individual Employee, Including Council- Appointed Officers. Criticism is Differentiated From Questioning Facts or the Opinion of Staff. All critical comments about staff performance should only be made to the City Manager through private correspondence or conversation. E. Do Not Get Involved in Administrative Functions. Avoid any staff interactions that may be construed as trying to shape staff recommendations. Council Members shall refrain from coercing staff in making recommendations to the Council as a whole. F. Be Cautious in Representing City Positions on Issues. Before sending correspondence related to a legislative position, check with City staff to see if a position has already been determined. When corresponding with representatives of other governments or constituents B.1.c Packet Pg. 71 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -36- remember to indicate if appropriate that the views you state are your own and may not represent those of the full Council. G. Do Not Attend Staff Meetings Unless Requested by Staff. Even if the Council Member does not say anything, the Council Member’s presence may imply support, show partiality, intimidate staff, or hampers staff’s ability to do its job objectively. H. Respect the “One Hour” Rule for Staff Work. Requests for staff support should be made to the appropriate senior staff member, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response, will need to be approved by the full council to ensure that staff resources are allocated in accordance with overall council priorities. Once notified that a request for information or staff support would require more than one hour, the Council Member may request that the City Manager place the request on an upcoming Council agenda. I. Depend upon the Staff to Respond to Citizen Concerns and Complaints. It is the role of Council Members to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. Refer citizen complaints to the appropriate senior staff member, according to the protocol on channeling communications. The senior staff member should respond according to the Policy and Procedure for Responding to Customer Complaints. Senior staff is responsible for making sure the Council Member knows how the complaint was resolved. J. Do Not Solicit Political Support from Staff. Neither the city manager nor any other person in the employ of the city shall take part in securing or shall contribute any money toward the nomination or election of any candidate for a municipal office.” In addition, some professionals (e.g., City Manager and City Attorney) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. 2.4 Conduct with Grand Terrace Boards and Commissions The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect. Council Members serve as liaisons to Boards and Commissions, according to appointments made by the Mayor and City Council, and in this role are expected to represent the full Council in providing guidance on Council processes or actions to the Board or Commission. Refrain from speaking for the B.1.c Packet Pg. 72 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -37- full Council on matters for which the full council has not yet taken a policy position. In other instances, Council Members may attend Board or Commission meetings as individuals, and should follow these protocols: A. If Attending a Board or Commission Meeting, Identify Your Comments as Personal Views or Opinions. Council Members may attend any Board or Commission meeting, which are always open to any member of the public. Any public comments by a Council Member at a Board or Commission meeting, when that Council Member is not the liaison to the Board or Commission should make a point to clearly state it is an individual opinion and not a representation of the feelings of the entire City Council. B. Refrain from Lobbying Board and Commission Members. It is inappropriate for a Council Member to contact a Board or Commission member to lobby on behalf of an individual, business, or developer, or to advocate a particular policy perspective. It is acceptable for Council Members to contact Board or Commission members in order to clarify a position taken by the Board or Commission. C. Remember that Boards and Commissions are Advisory to the Council as a Whole, not as Individual Council Members. The City Council appoints individuals to serve on Boards and Commissions, and it is the responsibility of Boards and Commissions to follow policy established by the Council. Council Members should not feel they have the power or right to unduly influence Board and Commission members. A Board and Commission appointment should not be used as a political reward. D. Concerns about an Individual Board or Commission Member Should be Pursued with Tact. If a Council Member has concerns with a particular Board or Commission member fulfilling his or her roles and responsibilities and is comfortable in talking with that individual privately, the Council Member should do so. Alternatively, or if the problem is not resolved, the Council Member should consult with the Mayor, who may address the issue to the Council as appropriate. (See Board Commission Member’s Behavior, Conduct and Guidelines for Corrective Action/Removal.) E. Be Respectful of Diverse Opinions. A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Council Members may have a closer working relationship with some individuals serving on Boards and B.1.c Packet Pg. 73 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -38- Commissions, but must be fair to and respectful of all citizens serving on Boards and Commissions. F. Keep Political Support Away from Public Forums. Board and Commission members may offer political support to a Council Member, but not in a public forum while conducting official duties. Conversely, Council Members may support Board and Commission members who are running for office, but not in an official forum in their capacity as a Council Member. G. Board and Commission Members Behavior, Conduct, and Guidelines for Corrective Action/Removal. Counseling, verbal reprimands and written warnings may be administered by the Mayor to board and commission members failing to comply with City policy. These lower levels of sanctions shall be kept private to the degree allowed by law. Copies of all written reprimands administered by the Mayor shall be distributed in memo format to the chair of the respective board or commission, the city clerk, the city attorney, the city manager, and the City Council. Written reprimands administered by the Mayor shall not be included in packets for public meetings and shall not be publicized except as required under the Public Records Act. The City Council may impose sanctions on board and commission members whose conduct does not comply with the City’s policies, up to and including removal from office. Any form of discipline imposed by Council shall be determined by a majority vote of at least a quorum of the Council at a noticed public meeting and such action shall be preceded by a Report to Council with supporting documentation. The Report to Council shall be distributed in accordance with normal procedures, including hard copies to numerous public facilities and posting online. Any Report to Council addressing alleged misconduct by a board or commission member shall be routed through the Office of the city attorney for review of whether any information is exempt from disclosure (subject to redaction) based on privacy interests authorized under the Public Records Act. When deemed warranted, the Mayor or majority of Council may call for an investigation of board or commission member conduct. Should the city manager or city attorney believe an investigation is warranted, they shall confer with the Mayor or Council. The Mayor or Council shall ask the city manager and/or the city attorney to investigate the allegation and report the findings. The results of any such investigation shall be provided to the full Council in the form of a Report to Council, and shall be placed on the agenda of a noticed public meeting as “Information Only”. Any such report shall be made public and distributed in accordance with normal procedures (i.e., hard copies to B.1.c Packet Pg. 74 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -39- numerous public locations and posted online). Any report to Council addressing the investigation of board and commission members shall be routed through the Office of the City Attorney for review of whether any information is exempt from disclosure (subject to redaction) based on privacy interests authorized under the Public Records Act. It shall be the Mayor and/or the Council’s responsibility to determine the next appropriate action. Any such action taken by Council (with the exception of “take no further action”) shall be conducted at a noticed public hearing. These actions include, but are not limited to: discussing and counseling the individual on the violations; placing the matter on a future public hearing agenda to consider sanctions; forming a Council ad hoc subcommittee to review the allegation, the investigation and its findings, as well as to recommend sanction options for Council consideration. 2.5 Staff Conduct with City Council A. Respond to Council Questions as Fully and as Expeditiously as is Practical. The protocol for staff time devoted to research and response is in application here. If a Council Member forwards a complaint or service request to a department head, there will be follow-through with the Council Member as to the outcome. B. Respect the Role of Council Members as Policy Makers for the City. Staff is expected to provide its best professional recommendations on issues. Staff should not try to determine Council support for particular positions or recommendations in order to craft recommendations. The Council must be able to depend upon the staff to make independent recommendations. Staff should provide information about alternatives to staff recommendations as appropriate, as well as pros and cons for staff recommendations and alternatives C. Demonstrate Professionalism and Non-Partisanship in all Interactions with the Community and in Public Meetings. D. It is Important for the Staff to Demonstrate Respect for the Council at all Times. All Council Members Should be Treated Equally. B.1.c Packet Pg. 75 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -40- SECTION 3. OTHER PROCEDURAL ISSUES 3.1 Commit to Annual Review of Important Procedural Issues At the beginning of each legislative year, the Council will hold a special meeting to review the Council protocols, adopted procedures for meetings, the Brown Act, conflict of interest, and other important procedural issues. 3.2 Don’t Politicize Procedural Issues (e.g. Minutes Approval or Agenda Order) for Strategic Purposes 3.3 Submit Questions on Council Agenda Items Ahead of the Meeting In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council Members are encouraged to submit their questions on agenda items to the City Manager as far in advance of the meeting as possible so that staff can be prepared to respond at the Council meeting. More detailed procedures relating to agenda questions can be found in the addendum to these protocols titled “Policy and Procedures for Council E-mails for Agenda Related Items” 3.4 Submittal of Materials Directly to Council If Council receives planning application materials related to agenda item matters they will notify the City Clerk and the City Manager as soon as possible. 3.5 Late Submittal of Correspondence or Other Information Related to Planning Applications In order to allow for adequate Staff review and analysis, and to ensure public access to information, all plans, correspondence, and other documents supporting planning applications being heard by the City Council must be submitted to staff not later than noon five working days prior to the release of the Council Agenda Packet. If any correspondence or other information is submitted after this deadline to Council Members or staff, and Staff determines additional review is needed Staff will reschedule the item for a future Council meeting. If a Council member receives planning application materials from a project applicant he or she shall notify the City Clerk and the City Manager as soon as possible. There are no restrictions on the rights of applicants or others to comment or respond to information contained within the Staff Report. At the meeting the City Council may determine whether to continue or refer the item to the appropriate Board and/or Commission if significant changes to a project or significant new information become known. Nothing in this statement is intended to restrict the rights of applicants or other interested parties to respond to information contained in or attached to a Staff Report. B.1.c Packet Pg. 76 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -41- 3.6 Respect the Work of the Council Standing Committees The purpose of the Council standing committees is to provide focused, in-depth discussion of issues. Council should respect the work of the committees. If a matter is taken forward to the full Council for approval and it receives a unanimous vote at Committee, the item will be placed on the Consent Calendar unless otherwise recommended by the Committee, Mayor or staff. B.1.c Packet Pg. 77 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -42- SECTION 4. ENFORCEMENT 4.1 Enforcement Council Members have the primary responsibility to assure that these protocols are understood and followed, so that the public can continue to have full confidence in the integrity of government. As an expression of the standards of conduct expected by the City for Council Members, the protocols are intended to be self-enforcing. They therefore become most effective when members are thoroughly familiar with them and embrace their provisions. For this reason, Council Members entering office shall sign a statement affirming they have read and understood the Council protocols. In addition, the protocols shall be annually reviewed by the Policy and Services Committee and updated as necessary. 4.2 Censure of Legislative Body Members A. It shall be a violation of this section for any sitting member of a Legislative Body to violate any general law or regulation or ethical standard, and any, rule, law, ordinance or resolution of the City of Bell. It shall also be a violation of this section for any sitting member of a Legislative Body to violate an administrative policy of the City which has been adopted following a vote of the Legislative Body or the City Council on the matter and which by its terms is expressly made applicable to the Legislative Body. B. Any violation of the foregoing paragraph by a Legislative Body member may be punished through the administration of a public censure of the member by the member’s Legislative Body. Such censure may be in addition to any other punishment applicable to the violation. For purposes of this section, “censure” shall mean the adoption of a motion setting forth a statement of disapproval of a Legislative Body member’s conduct. C. When evaluating a request for defense or indemnification made by the censured member in litigation arising from the censured conduct, the record of the censure shall be considered by the Legislative Body. Such record shall not be determinative. Failure of the Legislative Body to censure the conduct of a member does not constitute waiver of the Body’s right to refuse to indemnify or defend the member in an action. D. A Legislative Body member may not be made the subject of a motion for censure without first being given notice of the violation and an opportunity to correct the violation, if it can reasonably be corrected. Upon a continued violation or failure to correct, the charged member shall be given notice and an opportunity to be heard as follows: (i) Only a sitting member of the Legislative Body whose member commits the violation may initiate proceedings for the censure of one of its members. (ii) Proceedings shall be commenced by the presentation of a written B.1.c Packet Pg. 78 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -43- statement of charges to the subject Legislative Body member with a copy delivered concurrently to the Clerk/Secretary by the member initiating the charge. Initiation shall not require the prior approval of the Legislative Body. The statement of charges shall be given at least ten days prior to the meeting at which the censure motion is proposed to be brought. The notice shall contain, at a minimum, the designation of the specific rule, law regulation, etc. which the member is claimed to have violated and a statement of the date, place and time at which the violation occurred. The statement shall further contain a description of the conduct of the member which is alleged to constitute the violation. The statement of charges shall be delivered to all other Legislative Body persons. (iii) Within seven (7) days after delivery of the statement of charges, the charged member should deliver a written response to the other members of the Legislative Body unless the charged member chooses to defer to response to the hearing. E. The motion for censure shall be agendized and considered at the first regular meeting occurring 10 days following the delivery of the statement of changes to the member and Clerk/Secretary. The hearing may not be continued except upon the absence from the meeting of a member of the Legislative Body other than the member bringing the charge or the member who is the subject of the charge. (i) The hearing shall be conducted in an open session by the Presiding Officer unless the Presiding Officer is a party to the action, in which case the Vice Chair or some other member shall conduct the proceedings. (ii) The hearing shall generally proceed by a reading of the charges by the charging member. The charging member may present witnesses; the charged member may answer in rebuttal; members of the public may speak in favor or opposed to the charge; and the remaining members may speak to the charges in that order. (iii) Passage of the motion for censure shall require a majority vote of the members of the total Legislative Body. The voting members shall not recess to closed session for deliberation. F. If the motion for censure does not pass, the proceedings shall be at an end. A new motion for censure on the same grounds of violation may not thereafter be commenced against the same Legislative Body member for a period of 1 calendar year from date of the vote. However, new proceedings may be commenced on the same charges within the 1 year period on the vote of 4 members of the Legislative Body. G. If the motion for censure does pass, such motion shall become a part of the B.1.c Packet Pg. 79 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d -44- public record a copy of which shall be made available upon demand to any member of the public, subject to the City’s Uniform Schedule of Fees, and notice of same shall be placed in the administrative file of the Legislative Body member. H. Either with or without the formal process of Censure, the Legislative Body may impose sanctions on its members whose conduct does not comply with these procedures, including loss of seniority or committee assignments, and may remove members from any committee, commission, agency or authority to which they have been appointed as a member of the Legislative Body. 4.3 Personal Code of Conduct for Members of the City Council City Council Members shall abide by a Personal Code of Conduct, which shall be adopted concurrently with this Procedures and Protocols Handbook. B.1.c Packet Pg. 80 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -45- SECTION 5. CITY COUNCIL E-MAILS FOR AGENDA-RELATED ITEMS 5.1 Policy The Council adopted protocols provide a framework for the policy on e-mail communications between Council Members and Staff on agenda-related items, including the following: A. In order to facilitate open government, all Council Members should make decisions with the same information from Staff on agendized or soon-to-be agendized items (i.e. items on the tentative agenda or in a Council Committee) B. Submit questions on Council agenda items ahead of the meeting, In order to focus the Council meetings on consideration of policy issues and to maintain an open forum for public discussion, questions which focus on the policy aspects of agenda items should be discussed at the Council meeting rather than in one-on-one communications with Staff prior to the meetings. Any clarifications or technical questions that can be readily answered can be handled before the meeting. Council Members are encouraged to submit their questions on agenda items to the appropriate Council Appointed Officer or City Manager as far in advance of the meeting as possible so that Staff can be prepared to respond at the Council meeting. The Council, in adopting this policy, does not waive attorney-client-privilege or any other privilege associated with a closed session authorized under the Brown Act. 5.2 Procedure A. Council Members should direct any questions on staff reports to the City Manager or designee. Council Members should not direct any questions on agenda items to other members of the City Manager’s Staff. B. Council Members will submit questions on agenda items no later than 9 a.m. on the Tuesday of the Council meeting at which the item will be discussed. Any questions received after that time may be responded to via e-mail, or alternatively, will be responded to at the Council meeting. C. Staff will not engage in “dialogues” with individual Council Members regarding questions, i.e. follow-up questions to initial questions will be responded to at the Council Meeting. D. Staff will give highest priority to responding prior to the Council meeting via e- mail only on items on the Consent Calendar. Questions which address the policy aspects of the item on the Council agenda will not be responded to prior to the meeting, although Staff welcomes such questions in advance of the meeting in order to prepare for the Council and public discussion. B.1.c Packet Pg. 81 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -46- Technical and clarifying questions on non-Consent Calendar items will be responded to as time permits. E. If the Staff will be responding to a Council Members Consent Calendar question at the meeting rather responding to the question via e-mail, Staff will inform the Council Member as early as possible after receipt of the question(s). F. Questions and all Staff-prepared responses will be forwarded to all Council Members as well as put up on the special web page created for public review of Council agenda questions and Staff responses. Staff will include the name of the Council Member posing the questions in the “subject” field of the e- mail response. G. Written copies of all Council Member agenda questions and Staff responses will be at Council places at the meeting; additionally copies will be made available in the Council Chambers for members of the public. B.1.c Packet Pg. 82 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -47- SECTION 6. CITY COUNCIL AND BOARDS AND COMMISSSIONS POLICY FOR TRAVEL AND MISCELLANEOUS EXPENSE REIMBURSEMENT GENERAL CONSIDERATIONS This policy is set by the City Council and applies to Council Members and to Board and Commissions members, who will be referred to as “Officials” in the policy. In reimbursing travel and miscellaneous expenses, a municipal purpose requiring the expenditure of public funds must be in evidence; also, in accord with the Municipal Code, such expenditures must be from authorized appropriations. 6.1 Eligible Activities The following activities (“Eligible Activities”) are recognized by the Council as advancing municipal purposes and are eligible for expense reimbursement, subject to limitations on activities and specific and total expenditures described elsewhere in this policy: A. Communicating with representatives of regional, state and national government on adopted city policy positions; B. Attending educational seminars designed to improve officials’ skill and information levels; C. Participating in regional, state and national organizations whose activities affect the city’s interest; D. In collaboration with city staff, implementing a city-approved strategy for attracting or retaining businesses to the city. All other expenditures require prior approval by the City Council at a regular or special meeting. 6.2 Travel and Related Business Expenses The City Council shall comply with the Travel and Related Business Expenses Fiscal Policy, as amended from time to time. 6.3 Reports to Council Council Members and Officials shall provide brief verbal reports on meetings attended at the City’s expense at the next regular Council/Board/Commission meeting. If multiple Officials attended, a joint report may be made. All related documents are subject to the Public Records Act and can be periodically reviewed by auditors. B.1.c Packet Pg. 83 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -48- 6.4 Violation of This Policy Use of public resources or falsifying expense reports is in violation of this policy and may result in any or all of the following: A. Loss of reimbursement privileges B. A demand for restitution to the City C. The City reporting the expenses as income to the elected or appointed Official to state and federal tax authorities D. Civil penalties of up to $1000 per day and three times the value of the resources used E. Prosecution for misuse of public resources 6.5 Support Services The City Clerk’s Office makes travel arrangements for Council Members. This service includes conference registration, hotel reservations, per diem advances and reimbursement of unforeseen expenses. The department liaison for each board and commission will be responsible for arrangements for Officials. B.1.c Packet Pg. 84 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -49- CITY OF GRAND TERRACE COUNCIL PROTOCOLS ETHICS ADDENDUM The citizens, businesses and organizations of the city are entitled to have fair, ethical and accountable local government, which has earned the public’s full confidence for integrity. To this end, the City Council has adopted Council Protocols and this Code of Ethics for members of the City Council to assure public confidence in the integrity of local government and its effective and fair operation. A. Comply with Law Members shall comply with the laws of the nation, the State of California and the City in the performance of their public duties. These laws include but are not limited to: the United States and California constitutions, the city Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities and open processes of governments and City ordinances and policies. B. Conduct of Members The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Council, boards and commissions, the staff or the public. C. Respect for Process Members shall perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions of the City Council by City staff. D. Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. E. Conflict of Interest In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence decisions in which they have a material financial interest or where they have an B.1.c Packet Pg. 85 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -50- organizational responsibility or personal relationship, which may give the appearance of a conflict of interest. F. Gifts and Favors It is contrary to the city of Grand Terrace’s ethical standards for any council member to accept gifts or gratuities from an individual, business, or organization doing business, or seeking to do business, with the City or who is seeking permits or other entitlements from the City. The acceptance of gifts can convey an appearance of favoritism and conflict of interest. Gifts can be perceived as attempts to influence City operations or as compensation for services rendered and can erode the public confidence in the impartiality of decisions made by Council Members. Council Members exercise good faith in carrying out this Protocol. It is impossible to list every situation and fact pattern, so it anticipates that Council Members will exercise their good judgment in determining whether the item is a gift or not. This policy is supplemental to the gift limitations of the Fair Political Practices Commission’s Limitations and Restrictions on Gifts, Honoraria, Travel and Loans. The following are not considered gifts under this Protocol: • Gifts which the Council member returns (unused) to the donor, or for which the Council Member reimburses the donor, within 30 days of receipt. • Gifts from a Council Member’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother- in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin or the spouse of any such person, unless he or she is acting as an agent or intermediary for another person who is the true source of the gift. • Minor gifts of hospitality involving food or drink, that the Council Member receives in an individual’s home or at another location of business. • Gifts approximately equal in value exchanged between the Council Member and another individual on holidays, birthdays, or similar occasions. B.1.c Packet Pg. 86 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -51- • Informational material provided to assist the Council member in the performance of their official duties, including books, reports, pamphlets, calendars, periodicals, videotapes, or free or discounted admission to informational conferences or seminars. • A bequest or inheritance. • Campaign contributions. • Personalized plaques and trophies with an individual value of less than $250. • Tickets to attend fundraisers for campaign committees or other candidates, and tickets to fundraisers for organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. • Free admission, refreshments, and similar non-cash nominal benefits provided to the Council Member at an event at which the Council Member gives a speech, participates in a panel or seminar, or provides a similar service. Transportation within California, and any necessary lodging and subsistence provided directly in connection with the speech, panel, seminar, or similar service, are also not considered gifts. • Passes or Tickets which provide admission or access to facilities, goods, services, or other benefits (either on onetime or repeat basis) that the Council Member does not use and does not give to another person. • Wedding gifts • A prize or award received in a bona fide competition not related to official status. (These exceptions are paraphrased from FPPC publications.) • Gifts from Sister Cities or other entities, other municipalities, if forwarded to the City. G. Confidential Information Members shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose B.1.c Packet Pg. 87 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d 01247.0001/659185.2 *For all purposes, applicant also refers to applicant agent. -52- confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests. H. Use of Public Resources Members shall not use public resources, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes. I. Representation of Private Interests In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any other board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies. J. Advocacy Members shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City, nor will they allow the inference that they do. K. Positive Work Place Environment Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff. B.1.c Packet Pg. 88 At t a c h m e n t : A t t a c h m e n t I I I - C o u n c i l P r o t o c o l s a n d P r o c e d u r e s M a n u a l ( C o u n c i l P r o t o c o l s , P r o c e d u r e s , P e r s o n a l C o d e o f C o n d u c t a n d