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HomeMy WebLinkAbout21-Council Office IGNAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Virginia Marquez Subject: Agenda for Mayor and Common Council Council Member, 1St Ward Workshop on April 26, 2011 Dept: Council Office Date: April 13, 2011 File: MCC Date: April 18, 2011 Synopsis of Previous Council Action: September 17, 1984 — Mayor and Common Council adopted Procedural Rules for Meetings of the Legislative Body, Resolution 84-371. March 9, 1994 — Mayor and Common Council adopted regulations relating to posting of the agenda and length of time for public comments, Resolution 94-46. February 9, 1995 — Mayor and Common Council adopted a Resolution amending Resolution 94-46 relating to posting of the agenda and the length of public comments, Resolution 95-27. July 21, 1997 — Mayor and Common Council adopted a Resolution to limit the speaking time of Council Members and Designated Others to 3 minutes until the Mayor and all other Council Members and Designated Others have had an opportunity to speak, Resolution 97-221. May 25, 2010 — Mayor and Common Council discussed and recommended changes to the Operational Guidelines Code of Conduct. June 8, 2010 - Mayor and Common Council discussed and recommended changes to the Operational Guidelines Code of Conduct. August 2, 2010 — Mayor and Common Council adopted Operational Guidelines which include a Code of Conduct for the Mayor and Common Council, Agenda Guidelines and Council Committee Guidelines, Resolution 2010-252. Recommended Motion: That the Mayor and Common Council procedures and operating guidelines be discussed at the April 26, 2011 Mayor and Common Council Workshop. Virginia Marque'' Council Membek, 1St Ward Contact Person: Virginia Marquez Council Member, 1St Ward Phone: 5268 Supporting data attached: Staff Report, Attachments A through E Ward(s): All FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) Acct. Description: Finance: Council Notes: Agenda Item No: 21 M/CC Date: 04/18/2011 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect• Agenda for Mayor and Common Council Workshop on April 26, 2011 Background: During the Building a Better Community retreat, held in March of 2010, one of the strategic initiatives presented for discussion was a Review of the Boards and Commissions. The purpose of that review was to improve the efficiency of Mayor and Common Council appointed Boards and Commissions to ensure that they are being utilized in a manner that provides the best representation of the Mayor and Common Council. Although the Mayor and Common Council deferred the review of this initiative at that time, the topic is now scheduled to be discussed at a workshop on April 26, 2011. Also, during the Building a Better Community retreat, the Mayor and Common Council were presented with a number of Operational Guidelines, including a Code of Conduct for the Mayor and Common Council, Agenda Guidelines, and Council Committee Guidelines. On August 2, 2010, the Mayor and Common Council adopted the Operating Guidelines which included a Code of Conduct (Attachment A). Section 3 of the adopted Code of Conduct Guidelines states, "The Mayor and members of the Common Council shall perform their duties in accordance with the procedural rules for meetings established by them, in governing the deliberation of public policy issues..." Over the course of the past year, there have been references made to the Council Procedural Rules during the discussion of a number of Council agenda items. These procedural rules and regulations, which were adopted by the Mayor and Common Council on September 17, 1984, are attached (Attachment B). Further, on March 9, 1994, the Mayor and Common Council adopted the attached Resolution 94-46 which outlined the regulations related to agenda posting and the length of time for public comments (Attachment C). These regulations were amended by the Mayor and Common Council on by Resolution 95-27 on February 9, 1995 (Attachment D) and again by Resolution 97-221 on July 23, 1997 (Attachment E). The latter adopted regulations to limit the speaking time of Council Members and Designated Others. 1 i As these Council Procedural Rules and regulations impact the conducting of the meetings and other operations of the Mayor and Common Council, Councilmember Marquez is requesting that the topic of Mayor and Common Council procedures and operating guidelines be added to the agenda for the April 26 workshop. This recommendation would broaden the agenda for that meeting to allow for discussion and possible action on all operating processes, procedures, regulations, restrictions or guidelines of the Mayor and Common Council, such as closed session procedures and attendance for Council and Committee meetings, the supervisory function of the Council Office, the operation guidelines and scope of Council Committees, and all items included in the Code of Conduct Guidelines. Recommendation: That the Mayor and Common Council procedures and operating guidelines be discussed at the April 26, 2011 Mayor and Common Council Workshop. 2 - - -- ATTACHMENT 11A" 1 RESOLUTION NO. 2010-252 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL ADOPTING OPERATIONAL GUIDELINES WHICH INCLUDE A CODE OF CONDUCT FOR THE 3 MAYOR AND COMMON COUNCIL, AGENDA GUIDELINES AND COUNCIL COMMITTEE GUIDELINES 4 WHEREAS,as part of the Building a Better Community retreat,the Mayor and Common 5 Council were presented with Operational Guidelines("Operational Guidelines");and 6 WHEREAS,the Operational Guidelines have been developed to provide better and more 7 efficient communication between elected officials,staff, and the public;and 8 WHEREAS, the Code of Conduct for the Mayor and Common Council is intended to 9 provide efficient procedures for elected officials to follow to assure public confidence in the integrity 10 of local government, its effective operations, and fair treatment of people, and 11 WHEREAS, the Agenda Guidelines and Council Committee Guidelines are intended to 12 provide procedures for staff and elected officials to follow to assure clear direction for agenda 13 preparation, posting requirements and deadlines;and 14 WHEREAS,the Mayor and Common Council have been given the opportunity to review 15 and make desired modifications to the Operational Guidelines;and 16 WHEREAS,the Operational Guidelines have been developed pursuant to the applicable 17 provisions of the San Bernardino City Charter and reviewed by the City Attorney. 16 19 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 20 SECTION 1. The Operational Guidelines, inclusive of the Code of Conduct for the 21 Mayor and Common Council,the Agenda Guidelines,and the Council Committee Guidelines,all 22 as attached hereto as Exhibit A and by this reference made a part hereof, are hereby adopted. 23 SECTION 2. The Operational Guidelines supersede all inconsistent guidelines of earlier 24 date. 25 SECTION 3. The Operational Guidelines shall become effective upon adoption of this 26 resolution. 27 28 2010-252 . RESOLUTION OF THE MAYOR AND COMMON COUNCIL ADOPTING OPERATIONAL GUIDELINES WHICH INCLUDE A CODE OF CONDUCT FOR i THE MAYOR AND COMMON COUNCIL, AGENDA GUIDELINES AND COUNCIL 2 COMMITTEE GUIDELINES. 3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a Joint regulanneeting thereof, held 5 on the 2nd day of August ,2010 by the following vote, to wit: 6 Council Members: AYES NAYS ABSTAIN ABSENT 7 MARQUEZ x 8 DESJARDINS x 9 10 BRINKER x 11 SHORETT x 12 KELLEY x 13 JOHNSON x 14 x MCCAMMACK 15 17 Rachel G. Clark, City Clerk 18 The foregoing resolution is hereby approved this t-:544 day of 19 August _,2010. 20 �`�^ 21 c . Morns,Mayor City of San Bernardino 22 Appro ed as to form: 23 By: 24 A ES F. PENMAN, 25 Y Attorney 26 27 28 July 28,2010 2010-252 • Exhibit A "Building a Better Community" CODE OF CONDUCT/GUIDELINES 1. General Overview The residents and businesses of the City of San Bernardino are entitled to have fair, ethical and accountable local government which has earned the public's full confidence for integrity. The City will operate in an open, honest and transparent manner. To this end, the Mayor and Common Council of the City of San Bernardino have adopted a Code of Conduct for its members to assure public confidence in the integrity of local government, its effective operations, and fair treatment of people 2. Rules of Decorum The professional and personal conduct of the Mayor and Common Council must be above reproach and avoid the appearance of impropriety. The Mayor and members of the Common Council shall refrain from abusive conduct, personal or verbal attacks upon the character or motives of each other,the staff or the public. 3. Respect for the Process The Mayor and members of the Common Council shall perform their duties in accordance with the procedural rules for meetings, established by them, in governing the deliberation of public policy issues, involvement of the public and the implementation of policy decisions of the Mayor and Common Council by City staff. 4. Conduct of Public Meetings The Mayor and Common Council shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. 5. Decisions based on Merit The Mayor and Common Council shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 6. Sharing of Information on Issues under Consideration The Mayor and Common Council shall publicly share substantive information that is relevant to the matter under their consideration, which they may have received from sources outside of the public decision-making process. 7. Conflict of Interest In order to assure their independence and impartiality on behalf of the common good, the Mayor and Common Council shall not use their official positions to influence government decisions in which they have a material financial interest; or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest. 8. Gifts and Favors The Mayor and Common Council shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office that is not available to the public in general. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action, or give the appearance of being compromised. Page 1 of 8 2010-252 "Building a Better Community" Nance of Pro ram: Operational Guidelines Ptoaram: Code of Conduct 9. Confidential Information The Mayor and Common Council shall respect the confidentiality of information concerning the property, personnel or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal,financial or other private interest. 10. Use of Public Resources The Mayor and Common Council shall not use public resources that are not available to the public in general, such as City staff time, equipment, supplies or facilities for private gain or personal purposes. 11. Independence of Boards and Commissions The Mayor and Common Council shall refrain from using their position to unduly influence the deliberations or outcomes of commission proceedings. 12. Policy Role of Members The Mayor and Common Council are responsible for setting clear direction and policies and for holding the City Manager accountable for achieving those policies. The Mayor and Common Council should respect and adhere to the established procedures of city government whereby the Council determines the policies of the City with the advice, information and analysis provided by the public,commissions and City staff. The Mayor and Common Council should not interfere with the administrative functions of the City or the professional duties of City staff; nor should they impair the ability of staff to implement Council policy decisions per City Charter Section 104. The Mayor and Common Council will not divert management from the approved priorities with issues of personal interest or requests for information that may require significant staff resources without the active approval of the majority of the Mayor and Common Council. The Council will come to consensus regarding major issues that need further exploration and analysis so as to judiciously assign tasks to the City Manager and his staff. This language does not prohibit the Mayor, Council Members, City Attorney, City Clerk, or City Treasurer from bringing information forward and discussing it with the City Manager and/or Staff. 13. Public Relations When the Mayor and Common Council have not taken a position on an issue, neither the Mayor nor any Councilmember should speak on behalf of the Mayor and Common Council. When presenting their individual opinions and positions, Councilmembers should explicitly state that they do not represent their body, the City of San Bernardino, nor should they encourage the inference that they do. After a decision is made, the Mayor serves as the spokesperson for the City's view on policy matters;the Common Council should speak with"one voice." 14. Positive Work Place Environment The Mayor and Common Council shall support the maintenance of a positive and constructive work place environment for City employees and for residents and businesses dealing with the City. The Mayor and Common Council shall recognize their special role in dealings with City employees and in no way create the perception of inappropriate direction to staff. Page 2 of 8 2010-252 Building a Better Community Name of Program: Operational Guidelines Program: Code of Conduct 15. Communication with City Manager and Staff • The City Manager is responsible for managing the day-to-day operations of City government. • Unless it is a simple inquiry, the Mayor or members of the Common Council will contact the City Manager before going to Department Directors. • When contacting Department Directors through e-mail, the Mayor and Council members will copy the City Manager as a courtesy. • The City Manager will ensure that the Mayor and Common Council are proactively informed on major policy issues or issues that may attract media or public attention; likewise,the Mayor and Common Council members will give the City Manager notice if he or she learns of issues of concern. • The Mayor, Common Council, City Manager and staff will not blindside each other in public. • Council members are encouraged to submit 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 meeting. • The Mayor and Common Council should not criticize staff in public. • The Mayor and Common Council will refer citizen complaints to staff and give them adequate time to respond. Staff will report back to the Council through the City Manager on the resolutions of these complaints. • The Mayor and Councilmembers will be provided with information from staff and other members on an equal basis so that they are equally prepared to make good decisions. 16. Compliance and Enforcement The Code of Conduct expresses standards of ethical conduct expected of the Mayor and Common Council. The protocols are intended to be self-enforcing; members themselves have the primary responsibility to assure that the standards are understood and met. The Mayor has the additional responsibility to intervene when the actions of Council members appear to be in violation of the Code during the process of conducting the Council meetings. 17, Community Development Commission This code of conduct shall also apply to the Community Development Commission and its Chairman. Page 3 of 8 2010-252 "Building a Better Community" Name of Program: Operational Guidelines Program: Agenda Guidelines AGENDA GUIDELINES FOR BRINGING MATTERS BEFORE COMMON COUNCIL 1. Placing Matters On The Agenda In addition to matters pending before any committee,commission or other advisory body of the Common Council, matters pertinent to and within the jurisdiction of the City shall be placed on the agenda by the Mayor, Council Members, City Clerk, City Attorney, City Treasurer, and City Manager. All written petitions, communications, and other matters to be submitted to the City Council for inclusion in the agenda packet for consideration at a regular or adjourned regular meeting should be delivered to the City Manager's Office no later than the time established by current administrative policy. The City Clerk shall compile the agenda, listing all matters to be considered by the Council according to the order of business, numbering each item consecutively. 2. Submission of Agenda Item Staff Reports Mayor and Common Council staff reports and back-up material should be prepared and submitted to the City Manager's Office two weeks prior to each regular Common Council meeting at which the item shall be heard. If an item has been continued to a future meeting and requires new or additional back-up material, it shall be due within one week of the following meeting. 3. Preparation and Distribution of the Agenda Packet The City Clerk shall prepare the Agenda packet. Not later than 5:00 p.m. on the Thursday prior to each regular Common Council meeting. A copy of the agenda, with accompanying staff reports and other background materials, should be delivered to the Mayor and each Council Member so as to be available no later than the Thursday preceding the Council meeting. Except in the case of items qualifying on which the need to take action arose after the agenda was posted per the Brown Act, no item shall be considered by the Mayor and Common Council if not included on the agenda. However, a correction or supplement to an item already contained in the packet may be included. 4. Posting of Agenda The City Clerk shall post the agenda of each City Council Regular or Adjourned Regular Meeting at least 72 hours in advance of said meeting in a location that is freely accessible to members of the public. The City Clerk shall maintain an affidavit indicating the location, date and time of posting each agenda. 5. Failure to Meet Deadlines The City Clerk shall not, without the consent of the City Manager, accept any new agenda item after the deadlines established in the administrative policies except items from the Mayor and Council Members, City Treasurer, and City Attorney. Page 4of8 2010-252 "Building a Better Community" Name of Program: Operational Guidelines Program: Agenda Guidelines Only those matters listed on the agenda shall be acted upon by the Mayor and Common Council. However, if a matter arises after posting of the agenda, the provisions of the Brown Act shall apply. ROLE OF MAYOR AND COMMON COUNCIL REGARDING COUNCIL MEETINGS 1. While the Common Council is in session, the Mayor, Councilmembers and City staff shall maintain strict order and decorum. Neither the Mayor nor any Councilmember shall delay or interrupt the proceedings of the Common Council or interrupt any member while speaking. 2. Councilmembers should indicate to the Mayor that they want to speak. The Mayor will acknowledge them before they begin to speak and the Mayor should acknowledge speakers in the order in which they seek recognition. 3. Any Councilmember shall have the right to express dissent from, or protest to, or comment upon, any action of the Common Council. 4. Once a vote is taken on an issue, Councilmembers are encouraged to support the decision. When possible, the Common Council should attempt to reach consensus on an issue. When this is not possible, the majority vote shall prevail. However, the Common Council shall respect the opinion of the minority. 5. The Mayor and Common Council shall publicly share substantive information, which they may have received from sources outside the public decision-making process, which is relevant to a matter under consideration by the Common Council, 6. The Mayor and Common Council will strive for a win-win situation by respecting diverse opinions. They will allow for everyone's opinion to be heard and respected, even if they do not win the vote or prevail on the issue. 7. The Mayor and Common Council will allow room for dialogue. When discussing an agenda item the Councilmembers will allow the opportunity to dialogue with each other to build consensus on an item ROLE OF CITY STAFF REGARDING COUNCIL MEETINGS 1. City staff will provide written analysis and information on all agenda items emanating from their respective departments as soon as it is available. Additionally, a copy of the materials, including technical reports,will be available to the public in compliance with the Brown Act. 2. Staff will be available to answer questions of the City Council prior to and during City Council meetings. 3. Staff will respond to questions from the public during City Council meetings when requested to do so by the Mayor, City Council,or City Manager, Page 5 of 8 2010-252 'Building a Better Community' 4. During Council meetings, staff shall turn off or switch any electronic equipment such as pagers and cellular telephones to a silence mode. S. Staff will remain objective in the presentation of their recommendations on issues before the Mayor and Common Council. Staff should not be an advocate for issues unless so directed by the Mayor and Common Council; rather, they should promote or assist the efforts of Mayor and Common Council. 6. City staff will implement all Mayor and Common Council policies as directed by the City Manager. ROLE OF THE PUBLIC DURING COUNCIL MEETINGS 1. Members of the public attending Council meetings shall observe the same rules and decorum applicable to the Mayor, Common Council, and staff. 2. All speakers must approach the podium when recognized by the Mayor. Members of the public shall only speak from the podium. The Public shall not engage in conduct that disrupts the meeting, 3. Members of the public shall turn off or switch any electronic equipment such as pagers and cellular telephones to a silent mode while attending a City Council meeting. 4. If a member of the public desires to provide written correspondence (11 copies recommended) to the Mayor and Common Council, all such materials shall be given directly to the City Clerk prior to the meeting, or if during the course of the meeting, the materials shall be given to the City staff on the dais. At no time shall the public provide materials directly to the Mayor and Council. Page 6of8 2010-252 "Building a Better Community" Name of Program: Operational Guidelines Program: Council Committees PROPOSED STANDING AND AD HOC COUNCIL COMMITTEES GUIDELINES STANDING COMMITTEES 1. Policy It is the policy of the Mayor and Common Council to use standing committees in open and public meetings to study City Business in greater depth than is possible in the time allotted for Council meetings. 2. Pur ose These rules are intended to enhance public participation and committee meetings so that the best possible decisions can be made for San Bernardino. 3. General Requirements Common Council standing committees shall be subject to the following procedural rules. 4, Ouoru m A majority of the committee membership shall constitute a quorum 5. 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 Common Council and the public, to the end that Common Council action will be expedited. Actions of the committee shall be advisory recommendations only. Within 120 days of an item being referred by the Mayor and Common Council to a committee, the item will be placed back on the Common Council agenda for an update or final action. 6. Minutes The Common Council staff shall be responsible for the preparation and distribution to the Mayor and Common Council of the minutes of standing committee meetings. The minutes for these meetings shall be action minutes which reflect the motions made during these meetings. The minutes shall be delivered to the Mayor and Councilmembers before the Council meeting at which the Committee's recommendations are to be discussed. 7. Report of Committee The minutes of each committee meeting shall serve as the report to the Mayor and Common Council. Any member may write a separate report. Council staff will compile and present a quarterly report to the full Council of a list of items pending by title, sponsor, and the date it was placed and the department responsible. Page 7of8 2010-252 "Building a Better Community" , Name of Pro r� am: Operational Guidelines Program: Council Committees 8. 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 9. 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. 10. Conduct of Standing Committee Meetines The chairperson of each committee may conduct meetings with as much informality as is consistent with Mayor and Common Council procedural rules for meetings, which shall also be in effect during committee meetings. The views of interested private citizens shall be heard in committee meetings, but in no case shall a committee meeting be used as a substitute for public hearings required by law. 11. Oral Communications Opportunities for oral communications shall be provided in the same manner as Council meetings. AD HOC COMMITTEES In addition to standing committees, the Mayor Pro Tempore, subject to approval of the Common Council, may appoint members to such other Ad Hoc Council Committees as deemed desirable and necessary to assist and advise the council in its work. Upon his/her appointment, the Mayor Pro Tempore shall review the number and purpose of the Ad Hoc Committees before assigning members. These Ad Hoc Committees meet on as needed basis. Page 8 of 8 ATTACHMENT i°B" 1 RESOLUTION NO. 84-371 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING PROCEDURAL RULES FOR MEETINGS OF THE LEGISLATIVE BODY; AND REPEALING 3 RESOLUTION NO. 81-161. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 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. 11 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 Bernardino at a regular meeting thereof, held on 22 the 17th day of September , 1984, by the following vote, 23 to wit: 24 AYES: Council Members Castaneda, Reilly, ?arks 25 Quiel, Frazier. , Strickler 26 NAYS: Council Mendber Hernandez 27 ABSENT: None 28 City Clerk i',.: 1 The foregoing resolution is hereby approved i day 2 of September 1984. 3 .,+ '' Z- ayo f C ty of San Bernardino 4 5 Approved as to form: 6 7 C ty Attorney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • 27 28 -2- 1 PROCEDURAL RULES FOR MEETINGS OF 2 THE MAYOR AND COMMON COUNCIL 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 A. The Presiding Officer shall be fair and impartial during 16 the deliberations and proceedings of the Mayor and 17 Common Council. He shall be bound by and comply with 18 these rules of the Common, Council in his actions and 19 conduct as Presiding Officer. 20 B. The Presiding Officer may make brief introductory 21 remarks and may recommend, or advocate approval or 22 disapproval, a continuance, or any other action 23 concerning any business item after the number and title 24 of the item is announced by the City Clerk. The 25 Parliamentarian may act to terminate those introductory 26 remarks that appear to be excessive and, thereafter, 27 such remarks shall cease. Introductory remarks can be 28 made by the originator of the item. EXlclil j N I C. Any comments, debate or discussion may be terminated at 2 any time, without recognition by the chair, by a motion 3 for the previous question which is duly adopted by the 4 Common Council. 5 D. The Presiding Officer shall maintain control of the 6 meeting and impartially recognize persons desiring to 7 address the Common Council. He shall strive to be fair, 8 impartial and courteous while maintaining control. 9 Concerning contested or controversial items, he shall 10 attempt to fairly apportion the allotted time for debate 11 or presentation of evidence between proponents and 12 opponents. He shall not threaten, intimidate or engage 13 in personal attacks upon or criticism of any person at 14 the meeting. He shall not comment upon or evaluate the 15 remarks made by any person except in the lawful exercise 16 of his right to approve or disapprove any order of the 17 Common Council. Such right shall be exercised before 18 adjournment. 19 E. Except when the motion is non-debatable, the Presiding 20 Officer shall permit each Council member to make remarks 21 relevant to the matter under discussion before the vote 22 thereon is taken. 23 F. The City Clerk, City Administrator or City Attorney 24 shall be recognized by the Presiding Officer after such 25 official has sought recognition by obtaining the 26 attention of the Presiding Officer and shall be given 27 the floor as soon as the speaker having the floor is 28 finished. -2- I G. Any interpretation of these rules by the Presiding 2 Officer can be overruled by a successful appeal of the 3 ruling of the Presiding Officer or by a motion adopted 4 by the Common Council to waive the rule in question, or 5 by a ruling of the Parliamentarian of the Common Council 6 which can override the interpretation of the Presiding 7 Officer. 8 II. PARLIAMENTARIAN 9 A Parliamentarian shall be chosen by the Common Council. The 10 Parliamentarian shall have the responsibility of monitoring the 11 meetings of the Common Council for compliance with and enforcement 12 of these rules by rendering decisions on requests for points of 13 order from other members or by interrupting the proceedings to 14 call attention to any violation of these rules. A decision by the 15 Parliamentarian shall be final, except when such decision is 16 voided by a motion to waive the rule in question which is adopted 17 by the Common Council. If the motion to waive cannot be decided 18 by four or more ayes or nays, the discussion shall be terminated 19 and postponed until the end of the same Council meeting. 20 III. CONDUCT OF MEMBERS 21 A. Members of the Common Council shall conform to these 22 rules in their own conduct and shall assist in causing 23 compliance with these rules during the course of all 24 meetings. 25 B. The members of the Common Council are charged with 26 conducting themselves in an orderly manner and shall not 27 threaten, intimidate or engage in personal attacks or 28 criticism of any person at the meeting. -3- I C. Members shall strive, at all times, to keep their 2 remarks germane to the item which is on the floor for 3 discussion and every attempt shall be made to process 4 the business of the meeting in an expeditious and 5 courteous manner. 6 IV. COUNCIL AGENDA 7 All items to be considered by the Mayor and Common Council at 8 a public meeting shall be presented to the City Clerk for 9 placement on the agenda of the Mayor and Common Council prior to 10 4:00 p.m. on the Tuesday following the first and third Mondays of 11 the month for regular meetings, prior to 2:00 p.m. at least three 12 business days before any adjourned regular meeting of the Mayor 13 and Common Council, and at least 24 hours before special meetings, 14 and for the emergency supplemental agendas, prior to noon on the 15 Wednesday before the regular meeting. Except as provided in these 16 rules, no item or matter shall be presented to the Mayor and 17 Common Council at a public meeting unless and until a motion is 18 adopted by the Common Council to waive the agenda deadline 19 requirements. 20 Any request to reconsider an item previously considered and 21 acted upon in a final manner by the Mayor and Common Council shall 22 be placed at the end of the supplemental agenda for a determinatio 23 of whether it should be set for a hearing at an appropriate time 24 and place. 25 V. PROCESSING OF MOTIONS 26 When a motion is made and seconded, it shall be stated by the 27 Presiding Officer or City Clerk before debate. A motion may be 28 withdrawn by the mover or seconder at any time before a vote is -4- I taken on the item. 2 A. Motions Out of Order. The Presiding Officer shall at 3 any time, by majority consent of the members, permit a 4 member to introduce an ordinance , resolution or .motion 5 out of the regular agenda order. 6 B. Division of Question. If the question contains two or 7 more divisible propositions, the Presiding Officer may, 8 and upon request of a member shall (unless appealed) , 9 divide the same. 10 VI. PRECEDENCE OF MOTIONS 11 When a motion is before the Common Council, no motion shall 12 be entertained except: (a) to adjourn, (b) to fix hour of 13 adjournment, (c) to lay on the table, (d) for the previous ! 14 question, (e) to amend or present a substitute motion, (f) to 15 postpone (continue) to a certain day, (g) to refer, and (h) to 16 postpone indefinitely. The foregoing motions shall have 17 precedence in the order indicated above. 18 EXPLANATION OF MOTIONS 19 A. Motion to Adjourn. (debatable as to time and place) A 20 motion to adjourn shall be in order at any time, except 21 as follows: (1) when repeated without intervening 22 business or discussion; (2) when made as an interruption 23 of a member while speaking; (3) when the previous 24 question has been ordered; and (4) while a vote is being 25 taken. A motion to adjourn to a specified time shall be 26 debatable only as to the time to which the meeting is 27 adjourned. 28 B. Motion to Fix Hour of Adjournment. The purpose of a -5- I motion to fix the hour of adjournment is to set a 2 definite time at which to adjourn. The motion is 3 undebatable and amendable except as to the time set. 4 C. Motion to Table. (debatable only as to time and place) 5 The purpose of a motion to table is to temporarily 6 bypass the subject. A motion to lay on the table is 7 non-debatable and shall preclude all amendments or 8 debate of the subject under consideration. If the 9 motion shall prevail, the matter may be "taken from the 10 table" at any time. 11 D. Motion for Previous Question. The purpose of a motion 12 for the previous question is to close debate on the main 13 motion. It is non-debatable. (Just stating "question" 14 or "call for the question" does not accomplish the same 15 thing. ) If the motion fails, debate is reopened; if the 16 motion passes, then there shall be a vote on the main 17 motion. 18 E. Motion to Amend. (debatable only as to amendment) A 19 motion to amend an amendment is in order, but one to 20 amend an amendment to an amendment is not. An amendment 21 modifying the intention of a motion is in order, but an 22 amendment relating to a different matter shall not be in 23 order. A substitute motion on the same subject is 24 acceptable. Amendments shall be voted first, then the 25 main motion as amended shall be voted. 26 F. Motion to Reconsider. (non-debatable after being 27 seconded) The motion to reconsider shall include the 28 -6- I reason for the request in order to be recognized and 2 valid. 3 G. Motion to Continue. (debatable only as to reason) 4 H. Motion to Refer. (debatable only as to destination of 5 referral) 6 VII. VOTING 7 On the passage of every motion, the vote shall be taken and 8 entered in full upon the record. 9 A. Failure to Vote. Every member should vote unless 10 disqualified for cause. 11 1. Self--disqualification, without approval, which 12 results in a tie vote should be avoided as 13 thwarting Council action, but no Council member 14 shall be forced to vote. 15 2. Tie votes are "lost" motions and, by' vote of the 16 Council, may be reconsidered later. 17 B. Presence Required. Only those members of the Common 18 Council actually present in the Council Chambers at the 19 time the vote is called for shall vote. Council members 20 shall cast their vote as expeditiously as possible and 21 may press their voting button on an item when leaving j 22 the Chambers for a short time and that vote shall count. 23 A Council member should strive to be present at all 24 times during an evidentiary and quasi-judicial hearing. . 25 C. Reconsideration. Any member may move a reconsideration 26 of any Council action at the same meeting.. 27 D. Chancing Vote. Any member may change his vote before the 28 meeting is adjourned for that day, provided he orally -7- I and publicly announces to all members present that his 2 vote will be changed. (A Council member should consider 3 the effect of his change of vote on the vested rights of 4 others who may have relied upon a prior Council action. ) 5 VIII. APPEALS FROM THE RULING OF THE CHAIR 6 A. Whenever a decision has been rendered by the Presiding 7 Officer concerning the operating procedures of the 8 Common Council and before the Common Council moves on to 9 further business, any member wishing to dissent that 10 decision may, without recognition by the Presiding 11 Officer, declare "I appeal the ruling of the chair". 12 B. When this occurs, the Presiding Officer shall, without 13 the allowance of any discussion, call for a vote on the 14 motion to appeal; and if the voting members of the 15 Common Council sustain the appeal by a vote of five or 16 more, then the appeal shall be sustained and the 17 business under discussion when the ruling was made shall 18 proceed as if the Presiding Officer had not made the 19 ruling in question. 20 C. If the appeal is not supported by at least five of the 21 voting members present, then the appeal shall be 22 declared lost by the Presiding Officer and the Common 23 Council shall proceed with the order of business. 24 25 26 27 28 _g_ ATTACHMENT i°C" 1 RESOLUTION NO. 94-46 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING REGULATIONS RELATING TO POSTING OF THE 3 AGENDA AND THE LENGTH OF TIME FOR PUBLIC COMMENTS ON ITEMS BOTH ON AND NOT ON THE AGENDA PURSUANT TO THE RALPH M. BROWN ACT AND 4 REPEALING RESOLUTIONS NOS. 87-1, 87-60 AND 88-280 5 WHEREAS, Government Code §54954.2, as part of the Ralph M. 6 Brown Act (Government Code 554950 et seq. ), requires that agendas 7 of regular meetings of public bodies must be posted at least 72 8 hours before any such regular meeting at a location that is freely 9 accessible to members of the public, and 10 WHEREAS, with specified exceptions, Government Code 11 SS54954.2 and 54954.3 require that the legislative body of a local 12 agency may not take action on items of business not appearing on 13 the posted agenda, and 14 WHEREAS, Government Code §54954.3 requires that each agenda 15 for regular meetings shall provide an opportunity for members of 16 the public to directly address the legislative body of a local 17 agency on items of interest to the public that are within the 18 subject matter jurisdiction of the legislative body, and 19 WHEREAS, Government Code §54954.3(b) provides that the 20 legislative body of a local agency may adopt reasonable 21 regulations relating to time limits for such speakers, and 22 WHEREAS, the City of San Bernardino falls within the 23 definition of the Government Code 554951 of the Brown Act as a 24 local agency subject to the terms of the Act, and 25 WHEREAS, the Mayor and Common Council of the City of San 25 Bernardino fall within the definition of Government Code 554952 as 27 a legislative body under the Act, 28 NOW, THEREFORE, the Mayor and Common Council of the City of DAB/Js [Agenda.Res] 1 January 14, 1994 1 San Bernardino do resolve as follows: 2 1. At least 72 hours before a regular meeting of the Mayor 3 and Common Council of the City of San Bernardino, the City Clerk 4 shall post an agenda containing a brief general description of 5 each item of business to be transacted or discussed at the 6 meeting. 7 2. The agenda shall specify the time and location of the i 8 regular meeting. 9 3. The agenda shall be posted in or near the entry way to 10 the Council Chambers in City Hall, in the reference room of the 11 Norman F. Feldheym Public Library in the City of San Bernardino, 12 and at such other locations as the City Clerk shall determine from 13 time to time to assure that the information on each such agenda is 14 freely accessible to members of the public. 15 4. Except as otherwise provided by law, no business shall 16 be discussed at a meeting which is covered by a posted agenda 17 unless the item is listed on the agenda. 18 5. Every agenda for regular meetings of the Mayor and 19 Common Council shall provide an opportunity for members of the 20 public to directly address the Mayor and Common Council on items 21 of interest to the public that are within the subject matter 22 jurisdiction of the Mayor and Common Council and every agenda for 23 regular meetings shall contain a notice to the public of that 24 opportunity and specifying the procedures and limitations. 25 6. A three-minute limitation shall apply to each member of 26 the public addressing the Mayor and Common Council either on an 27 agenda item or under public comments. 28 7. The speaker may request a two-minute time extension DAB/Js [Agenda.Res] 2 January 14, 1994 1 which may be granted in the discretion of the Mayor and Common 2 Council. Subsequent two-minute time extensions may also be 3 requested. 4 8. The total time for public comments on items not on the 5 agenda for all speakers shall not exceed forty-five (45) minutes, 6 unless such time limit is extended by the Mayor and Common 7 Council. 8 9. Any member of the public may address the Mayor and g Common Council either on any item appearing on the agenda, or 10 during the public comments item on any item within the subject 11 matter jurisdiction of the Mayor and Common Council but not on the 12 agenda, by approaching the public microphone when the item about 13 which the member desires to speak is called, and by asking to be 14 recognized. 15 10. No member of the public shall be permitted to "share" 16 his or her allotted time with any other member of the public. 17 11. The Mayor and Common Council may refer any items raised 18 by the public under "public comments" or any matter relating to an 19 item appearing on the agenda to any commission, board, bureau, or 20 committee for appropriate action or have the item or matter placed 21 on the next agenda of the Mayor and Common Council. 22 12. No other action shall be taken nor discussion held by 23 the Mayor and Common Council on an item which does not appear on 24 the agenda unless the action is otherwise authorized in accordance 25 with the provisions of subdivision (b) of section 54954.2 of the 26 Government Code. 27 13. The Mayor is authorized to limit comments of the public 28 either under public comments or relating to an item on the agenda DAB/Js (Agenda.Res] 3 January 14, 1994 I in the event such comments are merely repetitive of prior 2 presentation. 3 14. Resolutions Nos. 87-1, 87-60 and 88-280 are hereby 4 repealed. 5 I HEREBY CERTIFY that the foregoing Resolution was duly 6 adopted by the Mayor and Common Council of the City of 7 San Bernardino at a regular meeting thereof, held on the 8 7th day of March 1994, by the following vote, to-wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE x 11 CURLIN x 12 HERNANDEZ x 13 OBERHELMAN x 14 DEVLIN x 15 POPE--LUDLAM x 16 MILLER x 18 Cit Clerk 19 The foregoing Resolution is hereby approved this ��-h" day 20 of March 1994. 21 22 23 Tom Minor, Mayor City of San Bernardino 24 Approved as to form 25 and legal content: 26 JAMES F. PENMAN, City Attorney 27 28 DAB/js [Agenda.Res] 4 January 14, 1994 ATTACHMENT °' 1 RESOLUTION NO. 95-27 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AMENDING RESOLUTION NO. 94-46 RELATING TO POSTING OF THE AGENDA AND THE LENGTH OF PUBLIC COMMENTS 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 s SECTION 1. Section 6 of Resolution No. 94-46 is hereby amended to read as follows: 7 "6. A three minute limitation per item shall 8 apply to each member of the public addressing the Mayor and Common Council either on an agenda item or 9 under public comments with a total time limitation of 10 15 minutes per meeting. " 11 SECTION 2. Section 7.1 is hereby added to Resolution No. 94-46 to read as follows: 12 "7.1 An appellant or a named party to an agenda 13 item shall not be subject to the time limitations on that item otherwise specified in these rules, but 14 shall be subject to reasonable limitations as determined by the Mayor and Common Council. " 15 16 SECTION 3. Section 14 of Resolution No. 94-46 is hereby amended to read as follows: 17 1114. An additional consent agenda shall be 18 included on the agenda made up of items previously heard and considered by a committee of the common 19 council and such items shall not be subject to any discussion by the Mayor and Common Council or by any 20 member of the public. No item shall be removed from the consent agenda for public discussion unless it is 21 removed at the request of the Mayor or a member of the Common Council. " 22 23 24 25 26 27 28 DAB/ja [AgendaC Res] 1 January 26, 1995 95-27 r 1 RESOLUTION. . .AMENDING RESOLUTION NO. 94-46 RELATING TO 2 POSTING OF THE AGENDA AND THE LENGTH OF PUBLIC COMMENTS 3 I HEREBY CERTIFY that the foregoing Resolution was duly 4 adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5 6 6th day of February 1995, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT 7 NEGRETE x 8 CURLIN x 9 HERNANDEZ x 10 OBERHELMAN x 11 DEVLIN x 12 POPE-LUDLAM X 13 MILLER x 14 15 16 Ci Clerk 17 The foregoing Resolution is hereby approved this 9th day 18 of February 1995. 20 T m Minor; Mayor City of San Bernardino 21 Approved as to form 22 and legal content: 23 JAMES F. PENMAN, City Attorney 24 f�-z sry 6 cam . Gj�j •! ao -►t��,. • ��; t .. .� z. �,,.��,,. 25 BY: 1-4, 2s 28 Section 6 is not approved as presented in Sectio �/ 1 * herein. Sections 2 & 3 are appprover * we still have legal r servatffons about the 3 minute limit. DAB/js [AgendaC Res] January 26, 1995 i I RESOLUTION NO. 97-221 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO, 94-46 TO LIMIT THE SPEAKING Taffi OF 3 COUNCIL MEMBERS AND DESIGNATED OTHERS TO 3 MINUTES UNTIL THE MAYOR AND ALL OTHER COUNCIL MEMBERS AND DESIGNATED OTHERS HAVE HAD AN 4 OPPORTUNITY TO SPEAK, 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. Section 15 is hereby added to Resolution No. 95-46 as previously amended by Resolution No. 95-27, to read as follows: 9 " 10 15. Neither the Mayor nor any Councilmember nor the City 11 Attorney, City Clerk, or City Administrator may speak longer than three 12 minutes on any item on the agenda or during the "announcements" portion of 13 the meeting, until the Mayor, each other Councilmember,the City Attorney, 14 City Clerk, and City Administrator shall have first had an opportunity to speak 15 on that item for three minutes. Subsequent opportunities to speak shall also 16 be limited to three minutes unless by unanimous consent of the 17 Councilmembers present, such subsequent three minute speaking limit is 18 waived. This resolution shall be reviewed six months from its adoption by the 19 Mayor and Common Council." 20 21 22 23 24 25 26 27 28 1 97-221 - 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 94-46 TO LIMIT THE SPEAKING 2 TIME OF COUNCIL MEMBERS AND DESIGNATED OTHERS TO 3 MINUTES UNTIL THE MAYOR AND ALL OTHER COUNCIL MEMBERS AND DESIGNATED 3 OTHERS HAVE HAD AN OPPORTUNITY TO SPEAK. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, 6 held on the 21st day of July , 1997, by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 8 NEGRETE x 9 CURLIN x 10 ARIAS x 11 OBERHELMAN x 12 DEVLIN x 13 ANDERSON x 14 MILLER x 15 16 CITY CLERK 17 18 The foregoing Resolution is hereby approved this 23rd da of July , 1997. 19 20 OM MINOI<Mayor City of San Bernardino 21 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 ? 26 By: Z� 27 28 2