HomeMy WebLinkAboutMC-14781
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ORDINANCE NO. MC -1478
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER 2.58
RELATED TO THE CONDUCT OF PUBLIC MEETINGS AND QUASI-JUDICIAL
HEARINGS
WHEREAS, on November 8, 2016, the citizens of the City of San Bernardino enacted
a new City Charter; and
WHEREAS, Section 309 of the City Charter states that "[t]he Council shall establish
by ordinance... the rules of order for the conduct of proceedings by the Council..."; and
WHEREAS, Section 103 of the City Charter states that "[a]ll... resolutions ... in force
at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall
continue in force until they shall have been duly repealed, amended, changed, or superseded
by proper authority as provided by this Charter..."; and
WHEREAS, on September 17, 1984, the Mayor and City Council adopted Resolution
No. 84-371 adopting procedural rules for the meetings of the Mayor and City Council; and
WHEREAS, on September 8, 2000, the Mayor and City Council adopted Resolution
No. 2000-279 amending Resolution No. 84-371 to add Section V — Hearings to the procedural
rules for meetings of the Mayor and City Council; and
WHEREAS, on September 9, 2004, the Mayor and City Council adopted Resolution
No. 2004-290 amending Resolution Section V — Hearings related to the procedural rules for
meetings of the Mayor and City Council; and
WHEREAS, on May 2, 2017, the Mayor and City Council adopted Ordinance No.
1438 adopting San Bernardino Municipal Code Section 2.58.050(B), which states that "[t]he
Mayor and members of the City Council shall perform their duties in accordance with the
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procedural rules for meetings, established by them, in governing the deliberation of public
policy issues, involvement of the public and implementation of policy decisions..."; and
WHEREAS, the Mayor and City Council desire to ensure the orderly and efficient
rnnducting of the public's business at meetings of the Mayor and City Council; and
WHEREAS, the Mayor and City Council desire to ensure that quasi-judicial hearings
are conducted in a fair manner that provides adequate due process to those whose rights are
affected.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.58.070 of Chapter 2.58 of the San Bernardino Municipal
Code shall be amended to read as follows:
The purpose of the meetings of the Mayor and City Council is to conduct the people's
business in an efficient and orderly fashion for the benefit of all the people. That purpose is
disrupted by conduct, including oral statements at meetings, that unduly prolongs the
proceedings by being overly repetitious or exceeding the allotted time, diverts attention from
the matter before the Mayor and City Council by raising or addressing irrelevant matters, or is
directed at or to the audience, the Mayor, individual City Council members, or members of
City staff individually rather than to the Mayor and City Council as governing body of the
City or the City as a whole.
Accordingly, in the event that any meeting of the Mayor and City Council is willfully
disrupted by a person or group of persons so as to actually impair the orderly conduct of the
meeting, the members of the City Council may proceed pursuant to Government Code Section
54957.9, or any applicable penal statute or ordinance. For the purposes of this Section
"willfully disrupt" includes, but is not limited to, continuing to do any of the following after
being warned by the presiding officer to desist from such conduct:
1. Addressing the Mayor and City Council without first being recognized by the
presiding officer.
2. Persisting in addressing a subject or subjects, other than that before the Mayor and
City Council.
3. Repetitiously addressing the same subject.
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4. Failing to relinquish the podium when directed to do so by the presiding officer.
5. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a
City Council member, or a staff member, or shouting or attempting to shout over a
speaker, the Mayor, a City Council member or a staff member.
6. As a speaker, interrupting or attempting to interrupt the Mayor, a City Council
member, or a staff member, or shouting over or attempting to shout over the
Mayor, a City Council member, or a staff member.
7. As a speaker, continuing to speak after being advised that the allotted time has
expired.
8. As a speaker, addressing the audience rather than the Mayor and City Council.
9. Making personal, impertinent, or slanderous remarks to a speaker, the Mayor, a
City Council member, a staff member, or the general public, which actually
impairs the orderly conduct of the meeting.
10. Uttering loud, threatening, personal or abusive language, or profanity, to a speaker,
the Mayor, a City Council member, a staff member, or the general public which
actually impairs the orderly conduct of the meeting.
It shall be unlawful to violate any provision of this Section. Nothing in this Section or
any rules of the Council shall be construed to prohibit public criticism of the policies,
procedures, programs, or services of the City or any of the acts or omissions of the Mayor and
City Council. Nothing in this Section shall confer any privilege or protection for expression
beyond that otherwise provided by law.
If any subsection, sentence, clause, phrase, or word of this Section 2.58.070 is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Section. The Mayor and City Council hereby declare that they
would have enacted this Section and each subsection, sentence, clause, phrase and word
thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases,
or words had been declared invalid or unconstitutional.
SECTION 2. Sections 2.58.110 and 2.58.120 shall be added to Chapter 2.58 of the
San Bernardino Municipal Code as follows:
2.58.110 Public Participation in Meetings of the Mayor and City Council
The Mayor and City Council may, by Resolution, adopt reasonable regulations,
including time limits, for: (1) public comments for items on the agenda, (2) public comments
for items not on the agenda, and (3) public testimony during public hearings. Notwithstanding
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the time limits on public comments and public testimony adopted by Resolution, the Presiding
Officer may lengthen or shorten the time limits afforded if the Presiding Officer determines
such change is necessary for the efficient conduct of the meeting or the proper consideration
of a complicated matter.
2.58.120 Quasi -Judicial Hearings
The Mayor and City Council may, by Resolution, adopt Rules of Procedure for the
conduct of quasi-judicial hearings.
SECTION 3. Pursuant to Charter Section 103, it is the intent of the Mayor and City
Council that upon the effective date of this Ordinance, Resolutions 84-371, 2000-279, and
2004-290 shall be superseded and of no further force and effect.
El
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ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER 2.58
RELATED TO THE CONDUCT OF PUBLIC MEETINGS AND QUASI-JUDICIAL
HEARINGS
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the
4ch day of April 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ
BARRIOS k
VALDIVIA x
SHORETT�
NICKEL !�
RICHARD y
MULVIHILL )((5)
ABSTAIN ABSENT
Georgeatui Hanna, CM , City Clerk
The foregoing Ordinance is hereby approved this 4a' day of April 2018.
R. Carey Das, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
B y.
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