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HomeMy WebLinkAbout25-Council Office .. " : ," Or'I""""'L nj~i1wri CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: August 24, 2000 Subject: Amendment to Resolution No. 84-371 - Procedural Rules for Meetings of Mayor and Common Council - relative to oath for those giving testimony at meetings of the Mayor and Common Council/ Community Development Commission From: Susan Lien, Councilwoman Dept: Council Office Synopsis of Previous Council Action: 6/28/00 Legislative Review Committee discussed possible amendments to Resolution No, 84-371 - Procedural Rules for Meetings of the Mayor and Common Council. Legislative Review Committee reviewed current oath administration practices in the City of San Bernardino. LRC referred this item to the full Council, with the recommendation that the oath be administered for public hearings and for resolutions, orders, and actions taken for the payment of money. 6/12/00 7/27/00 Recommended Motion: Adopt Resolution. --r:f!~~, - Signature Contact person: Susan I iAn Phone: 5222 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: None Source: (Acct No.) (A~d nA~~riptinn) Finance: Council Notes: q/sjoo ;:Jt ;;S "~ .' ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Proposed amendment to Resolution No. 84-371 - Procedural Ru1es for Meetings of Mayor and Conunon Council - relative to administering oath for those giving testimony at meetings of the Mayor and Conunon Council. Background: At the June 12th meeting of the Legislative Review Conunittee, amendments to Resolution No 84-371, Procedural Ru1es for Meetings of the Mayor and Conunon Council, which would require members of the public wishing to give testimony at meetings of the Mayor and Conunon Council/Conununity Development Conunission to take an oath, were discussed. This issue was prompted by a concern from a member of the Conunittee that members of the public testifying before the Council/Conunission do so under oath. At the June 28th meeting, the Conunittee reviewed the existing procedural rules as weIl as possible oath provisions. At the July 27th LRC meeting, it was determined that an oath be administered for public hearings, and for resolutions, orders, and actions taken for the payment of money. The foIlowing changes to the Procedural Rules have been reconunended: The foIlowing new Section shall be added foIlowing Section IV COUNCIL AGENDA V. HEARINGS Whenever the Mayor and Conunon Council/Community Development Commission are conducting a public hearing, at the conunencement of all hearings scheduled for the same time (i.e., public hearing[s] schedu1ed for 10:00 a.m.; Planning public hearing[s] at 11:00 a.m.; E.D.A. public hearing[s] at 2:00 p.m.) the City Clerk shall address the public and state the foIlowing "Any members of the public wishing to address the Mayor and Conunon Council/Community Development Conunission, please stand and raise your right hand." [The City Clerk shaIl then administer the foIlowing oath:] "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," "' .' - 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 conunences his/ber 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 Conunon Council shall determine both the weight and credibility to be given to the testimony. In addition, the City Clerk reconunended the following changes: Section I. Subsection B should read: "The Presiding Officer may make brief introductory remarks and may reconunend, 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 may act to terminate those introductory remarks that appear to be excessive and, thereafter, such remarks shall cease. Introductory remarks can be made by the originator of the item," The change in the above subsection removes "by the City Clerk" after the words"" ,after the number and title of the item is announced. .," Actual practice is that the titles of each resolution and ordinance are read at the beginning of the meeting, but it is the Mayor or Mayor Pro Tempore who introduces each agenda item. Section IV. Council Agenda - should read as follows: "All items to be considered by the Mayor and Conunon Council at a public meeting shall be presented to the City Administrator for placement on the agenda of the Mayor and Conunon Council no later than noon on the Tuesday following the first and third Mondays of the month for regular meetings, unless otherwise designated, prior to noon. . .." The changes shown in bold type reflect the actual process we are currently following. A copy of Resolution No. 84-371 and the existing Procedural Rules are attached for your reference. Financial ImDact None. Recommendation: The Legislative Review Conunittee reconunends adoption of the proposed amendments to Resolution No, 84-371 - Procedural Rules for Meetings of the Mayor and Conunon Council. c r-. '- c o rQ\ Ir)I \::17 ~~ u'-" LJ 1 2 3 4 5 6 7 8 RESOLUTION NO. 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Resolution No. 84-371, Procedural Ru1es for meetings of Mayor and 9 Conunon Council, is hereby amended to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A, The following new Section V shall be added following Section IV COUNCIL AGENDA: V, HEARINGS Whenever the Mayor and Conunon Council/Conununity Development Conunission are conducting a public hearing, at the conunencement of all hearings schedu1ed for the same time (i,e., public hearing[s] schedu1ed for 10:00 a.m,; Planning public hearing[s] at 11:00 a.m,; E.D.A, public hearing[s] 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 Conunon Council/Conununity Development Conunission, please stand and raise your right hand," [The City Clerk shall then administer the following oath:] "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? ;<s 9- ,","~n - \..- 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. If so, 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 offunds associated with it. ~ As each member of the public conunences hislber 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 Conunon Council/Conununity Development Conunission shall determine both the weight and credibility to be given to the testimony. Section I. Subsection B is amended to read as follows: "The Presiding Officer may make brief introductory remarks; and, may reconunend, 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 ~ ; ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 C 27 28 c c 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. may act to terminate those introductory remarks that appear to be excessive and, thereafter, such remarks shall cease. Introductory remarks can be made by the originator of the item." C. Section IV. Council Al!enda is amended to read as follows: "All items to be considered by the Mayor and Conunon Council at a public meeting shall be presented to the City Administrator for placement on the agenda of the Mayor and Conunon Council no later than noon on the Tuesday following the first and third Mondays of the month for regular meetings, unless otherwise designated, prior to noon at least three business days before any adjourned regu1ar meeting of the Mayor and Conunon Council, and at least 24 hours before special meetings, and for the emergency supplemental agendas, prior to noon on the Wednesday before the regular meeting. Except as provided in these rules, no item or matter shall be presented to the Mayor and Conunon Council at a public meeting unless and until a motion is adopted by the Conunon Council to waive the agenda deadline requirements. Any request to reconsider an item previously considered and acted upon in a final manner by the Mayor and Conunon Council shall be placed at the end of the , . f '- 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. supplemental agenda for a determination of whether it shou1d be set for a hearing at an appropriate time and place," Renumber previous Sections V through VIII as VI through IX, c c , , c 1 2 3 4 5 6 7 8 9 10 11 12 13 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. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Conunon Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2000, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN SCHNETZ MC GINNIS C 14 SUAREZ c 15 ANDERSON 16 17 18 19 MCCAMMACK City Clerk 20 21 2000. 22 23 24 The foregoing resolution is hereby approved this day of Judith Valles, Mayor City of San Bernardino Approved as to 25 Form and legal content: 26 JAMES F. PENMAN, 27 City9=orney By: _ 7- i._A_.~ 28 1 RESOLUTION NO. 84-371 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURAL RULES FOR MEETINGS OF THE LEGISLATIVE BODYi AND REPEALING RESOLUTION NO. 81-161. 3 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. Those certain procedural rules and regulations 7 entitled "Procedural Rules for Meetings of the Mayor and Common 8 Council", a copy of which is attached hereto, marked Exhibit "A" 9 and incorporated herein by reference as fully as though set forth 10 at length, are hereby adopted. II SECTION 2. These rules are adopted by the Common Council 12 pursuant to the authority of Article III Section 34 of the Charter 13 of the City of San Bernardino. The objective of the rules is to 14 assure that meetings will proceed in an orderly manner and that 15 all interested parties shall have an opportunity to participate in 16 germane discussion of matters of business before the Common 17 Council. 18 SECTION 3. Resolution No. 81-161 is hereby repealed. 19 I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San 21 22 Bernardino at a meeting thereof, held on regular the 17th day of September , 1984, by the following vote, 23 to wit: 24 25 26 27 28 AYES: Council Members Ci'.staneda, Reilly, ~'!arks, Quiel, Frazier, Strickler NAYS: Council .r1enbeJ~ Hernandez ABSENT: None LbM/~~ / City Clerk 1 The foregoing resolution is hereby approved 2 of September , 1984. 3 4 5 6 Approved as to form: c~~ 7 8 9 10 \I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bernardino -2- I PROCEDURAL RULES FOR MEETINGS OF THE MAYOR AND COMMON COUNCIL 2 3 4 I. PRESIDING OFFICER 5 These rules recognize the fact that Article III, Section 36 6 of the Charter of the City of San Bernardino charges the Mayor 7 with the duty to serve as Presiding Officer of meetings of the 8 Common Council without the right to vote. In the absence of the 9 Mayor, the Common Council shall have the right to select one of 10 its own members to serve as Presiding Officer. When a Council 11 member is serving as Presiding Officer, he shall retain all the 12 rights of a Council member, as well as assume those of the 13 Presiding Officer, and shall have the same power to disapprove any 14 order as the Mayor would have had if present and presiding. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. The Presiding Officer shall be fair and impartial during the deliberations and proceedings of the Mayor and Common Council. He shall be bound by and comply with these rules of the Common Council in his actions and conduct as Presiding Officer. B. 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 i tern is announced. !Jy1:ne---Ci t'yo'C];erk': The Parliamentarian may act to terminate those introductory remarks that appear to be excessive and, thereafter, such remarks shall cease. Introductory remarks can be made by the originator of the item. I 2 3 4 5 6 7 8 9 10 \I 12 13 14 15 16 17 18 19 20 21 22 23 I I 24 I. 25 26 27 28 C. Any comments, debate or discussion may be terminated at any time, without recognition by the chair, by a motion for the previous question which is duly adopted by the Common Council. D. The Presiding Officer shall maintain control of the meeting and impartially recognize persons desiring to address the Common Council. He shall strive to be fair, impartial and courteous while maintaining control. Concerning contested or controversial items, he shall attempt to fairly apportion the allotted time for debate or presentation of evidence between proponents and opponents. He shall not threaten, intimidate or engage in personal attacks upon or criticism of any person at the meeting. He shall not comment upon or evaluate the remarks made by any person except in the lawful exercise of his right to approve or disapprove any order of the Common Council. Such right shall be exercised before adjournment. E. Except when the motion is non-debatable, the Presiding Officer shall permit each Council member to make remarks relevant to the matter under discussion before the vote thereon is taken. F. The City Clerk, City Administrator or City Attorney shall be recognized by the Presiding Officer after such official has sought recognition by obtaining the attention of the Presiding Officer and shall be given the floor as soon as the speaker having the floor is finished. -2- 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. Any interpretation of these rules by the Presiding Officer can be overruled by a successful appeal of the ruling of the Presiding Officer or by a motion adopted by the Common Council to waive the rule in question, or by a ruling of the parliamentarian of the Common Council which can override the interpretation of the Presiding Officer. II. PARLIAMENTARIAN A parliamentarian shall be chosen by the Common Council. The parliamentarian shall have the responsibility of monitoring the meetings of the Common Council for compliance with and enforcement of these rules by rendering decisions on requests for points of order from other members or by interrupting the proceedings to call attention to any violation of these rules. A decision by the Parliamentarian shall be final, except when such decision is voided by a motion to waive the rule in question which is adopted by the Common Council. If the motion to waive cannot be decided by four or more ayes or nays, the discussion shall be terminated and postponed until the end of the same Council meeting. III. CONDUCT OF MEMBERS A. Members of the Common Council shall conform to these rules in their own conduct and shall assist in causing compliance with these rules during the course of all meetings. B. The members of the Common Council are charged with conducting themselves in an orderly manner and shall not threaten, intimidate or engage in personal attacks or criticism of any person at the meeting. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II C. Members shall strive, at all times, to keep their remarks germane to the item which is on the floor for discussion and every attempt shall be made to process the business of the meeting in an expeditious and courteous manner. IV. I COUNCIL AGENDA All items to be considered by the Mayor and Common Council at AJ.'lI a public meeting shall be presented to the City Clerk for _ ~n1 f 1'''- "'C' ,0 · placement on the agenda of the Mayor and Common Council pr;nr to 14198 1'.1117' on the Tuesday following the first.an!!. third Mondays of I ~\t>S c"",,(r'W;J~ JC.s:I~H",I,J) . the month for regular meetings~Vprior to 2:00 ~.m. at least three \'2 r<.-' business days before any adjourned regular meeting of the Mayor and Common Council, and at least 24 hours before special meetings, and for the emergency supplemental agendas, prior to noon on the Wednesday before the regular meeting. Except as provided in these rules, no item or matter shall be presented to the Mayor and Common Council at a public meeting unless and until a motion is adopted by the Common Council to waive the agenda deadline I I requirements. I Any request to reconsider an item previously considered and lacted upon in a final manner by the Mayor and Common Council shall , " 'be placed at the end of the supplemental agenda for a determinatio of whether it should be set for a hearing at an appropriate time , and Iv. , 1 , place. PROCESSING OF MOTIONS When a motion is made and seconded, it shall be stated by the II Presiding I wi thdrawn Officer or City Clerk before debate. A motion may be by the mover or seconder at any time before a vote is -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 taken on the item. A. Motions Out of Order. The Presiding Officer shall at any time, by majority consent of the members, permit a member to introduce an ordinance, resolution or motion out of the regular agenda order. B. Division of Question. If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. VI. PRECEDENCE OF MOTIONS When a motion is before the Common Council, no motion shall be entertained except: (a) to adjourn, (b) to fix hour of adjournment, (c) to lay on the table, (d) for the previous question, (e) to amend or present a substitute motion, (f) to postpone (continue) to a certain day, (g) to refer, and (h) to postpone indefinitely. The foregoing motions shall have precedence in the order indicated above. EXPLANATION OF MOTIONS A. Motion to Adjourn. (debatable as to time and place) A motion to adjourn shall be in order at any time, except as follows: (1) when repeated without intervening business or discussion; (2) when made as an interruption of a member while speaking; (3) when the previous question has been ordered; and (4) while a vote is being taken. A motion to adjourn to a specified time shall be debatable only as to the time to which the meeting is adjourned. B. Motion to Fix Hour of Adjournment. The purpose of a -5- " ." I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 motion to fix the hour of adjournment is to set a definite time at which to adjourn. The motion is undebatable and amendable except as to the time set. C. Motion to Table. (debatable only as to time and place) The purpose of a motion to table is to temporarily bypass the subject. A motion to lay on the table is non-debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time. D. Motion for Previous Question. The purpose of a motion for the previous question is to close debate on the main motion. It is non-debatable. (Just stating "question" or "call for the question" does not accomplish the same thing.) If the motion fails, debate is reopened; if the motion passes, then there shall be a vote on the main motion. E. Motion to Amend. (debatable only as to amendment) A F. motion to amend an amendment is in order, but one to amend an amendment to an amendment is not. An amendment modifying the intention of a motion is in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject is acceptable. Amendments shall be voted first, then the main motion as amended shall be voted. Motion to Reconsider. (non-debatable after being seconded) The motion to reconsider shall include the -6- reason for the request in order to be recognized and valid. G. Motion to Continue. (debatable only as to reason) H. Motion to Refer. (debatable only as to destination of referral) VII. VOTING On the passage of every motion, the vote shall be taken and entered in full upon the record. A. Failure to Vote. Every member should vote unless disqualified for cause. 1. Self-disqualification, without approval, which results in a tie vote should be avoided as thwarting Council action, but no Council member shall be forced to vote. 2. Tie votes are "lost" motions and, by vote of the Council, may be reconsidered later. B. Presence Required. Only those members of the Common Council actually present in the Council Chambers at the time the vote is called for shall vote. Council members shall cast their vote as expeditiously as possible and may press their voting button on an item when leaving the Chambers for a short time and that vote shall count. A Council member should strive to be present at all times during an evidentiary and quasi-judicial hearing. C. Reconsideration. Any member may move a reconsideration of any Council action at the same meeting. D. Changing Vote. Any member may change his vote before the meeting is adjourned for that day, provided he orally -7- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and publicly announces to all members present that his vote will be changed. (A Council member should consider the effect of his change of vote on the vested rights of others who may have relied upon a prior Council action.) VIII. APPEALS FROM THE RULING OF THE CHAIR A. Whenever a decision has been rendered by the Presiding Officer concerning the operating procedures of the Common Council and before the Common Council moves on to further business, any member wishing to dissent that decision may, without recognition by the Presiding Officer, declare "I appeal the ruling of the chair". B. When this occurs, the Presiding Officer shall, without the allowance of any discussion, call for a vote on the motion to appeal; and if the voting members of the Common Council sustain the appeal by a vote of five or more, then the appeal shall be sustained and the business under discussion when the ruling was made shall proceed as if the Presiding Officer had not made the ruling in question. C. If the appeal is not supported by at least five of the voting members present, then the appeal shall be declared lost by the Presiding Officer and the Common Council shall proceed with the order of business. -8- . .' ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** " RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): q. S --0:::> Vote: Ayes \ - "\ Nays Change to motion to amend original documents: Item # '25 o Abstain Reso. # On Attachments: - Contract term: Date Sent to Mayor: q -(0 -<Xl Date of Clerk's Signature: 'i-II-CD cq -& -co /' Date Returned from Mayor: Reso. Log Updated: Resolution # 7('(:0 - 2.'1. Cj -<=r" Absent -G NulVVoid After: Date of Mayor's Signature: Seal Impressed: ./ q-2-<D Date Memo Sent to Department for Signature: See Attached: -Date Returned: Date Letter Sent to Outside Party for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Note on Resolution of Attachment stored separately: ~ Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTV Date: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Copies Distributed to: City Attorney ./ Parks & Rec. Code Compliance Dev. Services Police Public Services Water Notes: Date Returned: -- See Attached: Ves Ves ./ / No By No , By No L By No V By No --V By Ves Ves Ves EDA Finance MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,) Ready to File: ny, Date: ~