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CITY OF SAN BEr4ARDINO - REQUEST FOR ''OUNCIL ACTION
From: Councilman F. J. Curlin, M.D. Subject: Procedural Rules for meeting of the Legislative Body
Dept: Council Office
Date: August 25, 1994
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Synopsis of Previous Council Action:
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Recommended Motion:
To discuss and take possible action regarding the Procedural Rules for meeting of the Legislative Body.
or
To refer to Legislative Review Committee
j% Sign ture
Contact Person: Dr. Curlin Phone: 5222
Supporting Data Attached: Yes Ward: Two
FUNDING REQUIREMENTS: Amount:
Source: (Acct.No.)
(Acct. Description)
Finance:
CouncIl Notes:
AGENDA ITEM NO. 30
I 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.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
S 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 Resolution No. 81-161 is hereby repealed.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, Marks
25 nuiel, Frazier. , Strickler
26 NAYS: Council Member Hernandez
27 ABSENT: None
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City Clerk
1 The foregoing resolution is hereby approved 1� day
2 of September 1984.
3 .M
ayor f C ty of San Bernardino
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S Approved as to form:
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7 My Attorney
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1 PROCEDURAL
n RULES FOR MEETINGS OF
~ ! j 2 THE MAYOR AND COMMON COUNCIL
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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.
1
F 101T A
I C. Any comments, debate or discussion may be terminated at
t' _ 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.
s 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
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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 erson except ept in the lawful exercise
16 of his right to approve or disapprove any order of the
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17 Common Council. Such right shall be exercised before
18 adjournment.
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19 E. Except when the motion is non-debatable, the Presiding
• 20 Officer shall permit each Council member to make remarks
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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.
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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
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15 Parliamentarian shall be final, except when such de.cision 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 OP 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
Q27 threaten, intimidate or engage in personal attacks or
28 criticism of any person at the meeting.
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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
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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 14:00 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 Vednesday 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.
23 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
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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
S 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
Q 1S ost one continue
P P (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
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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)
S 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
J 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.
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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
23 main motion as amended shall be voted.
26 F. Motion to Reconsider. (non-debatable after being I
27 seconded) The motion to reconsider shall include the
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I reason for the request in order to be recognized and
'+ 2 valid.
3 G. Motion to Continue. (debatable only as to reason)
4 N. Motion to Refer. (debatable only as to destination of
s 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 b y* v
ote 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
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. _
2S C. Reconsideration. :Any member may move a reconsideration
26 of any Council action at the same meeting.
27 D. Changing Vote. Any member may change his vote before the
28 meeting is adjourned for that day, provided he orally
r l 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 i
4 others who may have relied upon a prior Council action. ) '
S 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 E
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.
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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.
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