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CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Resolution of the Mayor and Common Council
of the City of San Bernardino Amending Resolution No.
2000-279 Procedural Rules for Meetings of Mayor and
Common Council. Relative to Administering Oath for
Those Giving Testimony at Meetings of the Mayor and
September 2,2004 Common Council/Community Development
OR \ G \ N A L Commission.
Dept: CITY ATTORNEY
Date:
Synopsis of Previous Council Action:
September 5, 2000 - Resolution 2000-279 Adopted: Resolution of the Mayor and Common Council of the
City of San Bernardino Amending Resolution 84-371, Procedural Rules For Meetings of Mayor and
Common Council, Relative to Administering Oath For Those Giving Testimony at Meetings of the Mayor
and Common Council/Community Development Commission.
Recommended motion:
Adopt Resolution.
)).
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Renort
Ward:
All
FUNDING REQUIREMENTS: Amount: No
Source:
Finance:
Council Notes:
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Q/7/1Y1
Agenda Item No. 41
STAFF REPORT
Council Meeting Date: September 7, 2004
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
September 2, 2004
Resolution of the Mayor and Common Council of the City of San Bernardino
amending Resolution No. 2000-279, Procedural Rules for Meetings of Mayor
and Common Council, relative to administering oath for those giving testimony
at meetings of the Mayor and Common Council/Community Development
Commission (Agenda Item #41)
On September 5,2000, the Mayor and Common Council adopted Resolution No. 2000-279
which, among other things, required the City Clerk to administer an oath to any member ofthe public
wishing to address the Mayor and Common Council/Community Development Commission at any
and all hearings (a copy of the first two salient pages of said resolution are attached to this staff
report).
Due to the change in hearing times over the last four years, and due to the fact that the oath
needs to be administered only for quasi-judicial hearings (hearings which generally, but not always,
involve a property right) because of the possibility/probability of subsequent judicial review and
thus the need for testimony under oath in order to have a proper record presented to the court for its
review, this resolution would amend Resolution 2000-279 by requiring the oath to be only
administered at such quasi-judicial hearings, and not all hearings. The times of such hearings has
also been deleted due to the time changes which have occurred in the past and which may occur in
the future. These are the only two changes being proposed to the current hearing process.
It is respectfully requested that the Mayor and Common Council adopt the proposed
resolution.
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RESOLUTION NO. 2000-279
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERJ'\'ARD[NO AMENDING RESOLUTION 84-37[, PROCEDURAL RULES
FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO
ADMIN[STERING OATil FOR THOSE GIV[NG TESTIMONY AT MEETINGS OF
THE MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT
COMMISSION.
BE [T RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARD[NO AS FOLLOWS:
8
SECTION I. Resolution No. 84-371. Procedural Rules for meetings of Mayor and
9
Common Council, is hereby amended to read as follows:
10 A.
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The following new Section V shall be added following Section IV COUNCIL
AGENDA:
V.
HEARINGS
\Vhenever the Mayor and Common Council/Community Development Commission are
conducting a public hearing, at the commencement of all hearings scheduled for the
same time (i.e., public hearing[s] scheduled for 10:00 a.m.; Planning public hearing[s]
at II :00 a.m.; E.D.A. public hearing[sJ at 2:00 p.m.) the City Clerk shall address the
public and state the following:
"Any member of the public wishing to address the Mayor and Common
Council/Community Development Commission, please stand and raise your right
hand."
[The City Clerk shall then administer the following oath:]
26 "Do you solemnly affirm that the testimony you are about to give before this
27 Body will be the truth, the whole truth. and nothing but the truth?
28
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/
2000-279
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDIl'iO AMENDING RESOLUTION 84-371, PROCEDURAL
RULES FOR MEETINGS OF MA YOR AND COMMON COUNCIL, RELATIVE
TO ADMINISTERING OATIl FOR THOSE GIVING TESTIMONY AT
MEETINGS OF THE MAYOR AND COMMON COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION.
Ifso, please say, 'I do.'
Thank you."
In addition, the City Clerk shall administer the oath to any member of the public
desiring to address an item which has an expenditure of funds associated with it.
As each member of the public commences his/her testimony, the Presiding Officer shall
inquire as to whether or not he/she took the oath that was so administered. If the
individual has not, and he/she refuses to do so, then he/she will be allowed to speak;
however, the Mayor and Common Council/Community Development Commission
shall determine both the weight and credibility to be given to the testimony.
Section L Subsection B is amended to read as follows:
"The Presiding Officer may make brief introductory remarks; and, may recommend, or
advocate approval or disapproval, a continuance, or any other action concerning any
business item after the number and title of the item is announced. The Parliamentarian
(
o
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RESOL'~V
"
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AMENDING RESOLUTION NO. 2000-279, PROCEDURAL RULES
3 FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO
ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT MEETINGS OF THE
4 MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION I. The first thirteen (13) lines only of "V. HEARINGS" in Section 1. A of
8 Resolution 2000-279 are amended to now read as follows:
9 Whenever the Mayor and Common Council/Community Development
I 0 Commission are conducting a quasi-judicial hearing (generally, but not always,
11 involving a property right), at the commencement of all such quasi-judicial
12 hearings scheduled for the same time, the City Clerk shall address the public
13 and state the following:
o
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15 Council/Community Development Commission, please stand and raise your
"Any member of the public wishing to address the Mayor and Common
16 right hand."
17 [The City Clerk shall then administer the following oath:]
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23 /11
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26 /11
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"Do you solemnly affirm that the testimony you are about to give before
this Body will be the truth, the whole truth, and nothing but the truth?
If so, please say, 'I do.'
Thank you."
HTe (Rcso,Oath]
.f
......
o RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF TilE CITY OF
SAN BERNARDINO AMENDING RESOLUTION NO. 2000-279, PROCEDURAL RULES
2
FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO
3 ADMINISTERING OA TH FOR THOSE GIVING TESTIMONY AT I\IEETlNGS OF TilE
I\IA YOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
, 2004, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
The foregoing Resolution is hereby approved this _ day of
,2004.
JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to
Form and legal content:
I
JAMES F. PENMAN.
City Attorney
BJj- if~
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HTC [Reso Oalh]
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