Loading...
HomeMy WebLinkAbout41-City Attorney CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution No. 2000-279 Procedural Rules for Meetings of Mayor and Common Council. Relative to Administering Oath for Those Giving Testimony at Meetings of the Mayor and September 2,2004 Common Council/Community Development OR \ G \ N A L Commission. Dept: CITY ATTORNEY Date: Synopsis of Previous Council Action: September 5, 2000 - Resolution 2000-279 Adopted: Resolution of the Mayor and Common Council of the City of San Bernardino Amending Resolution 84-371, Procedural Rules For Meetings of Mayor and Common Council, Relative to Administering Oath For Those Giving Testimony at Meetings of the Mayor and Common Council/Community Development Commission. Recommended motion: Adopt Resolution. )). Contact person: James F. Penman Phone: 5255 Supporting data attached: Staff Renort Ward: All FUNDING REQUIREMENTS: Amount: No Source: Finance: Council Notes: 'R.",--c.c, ~ "2C(/\ - 2- c1 C. Q/7/1Y1 Agenda Item No. 41 STAFF REPORT Council Meeting Date: September 7, 2004 TO: FROM: DATE: AGENDA: Mayor and Common Council City Attorney's Office September 2, 2004 Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2000-279, Procedural Rules for Meetings of Mayor and Common Council, relative to administering oath for those giving testimony at meetings of the Mayor and Common Council/Community Development Commission (Agenda Item #41) On September 5,2000, the Mayor and Common Council adopted Resolution No. 2000-279 which, among other things, required the City Clerk to administer an oath to any member ofthe public wishing to address the Mayor and Common Council/Community Development Commission at any and all hearings (a copy of the first two salient pages of said resolution are attached to this staff report). Due to the change in hearing times over the last four years, and due to the fact that the oath needs to be administered only for quasi-judicial hearings (hearings which generally, but not always, involve a property right) because of the possibility/probability of subsequent judicial review and thus the need for testimony under oath in order to have a proper record presented to the court for its review, this resolution would amend Resolution 2000-279 by requiring the oath to be only administered at such quasi-judicial hearings, and not all hearings. The times of such hearings has also been deleted due to the time changes which have occurred in the past and which may occur in the future. These are the only two changes being proposed to the current hearing process. It is respectfully requested that the Mayor and Common Council adopt the proposed resolution. attachment 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 RESOLUTION NO. 2000-279 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERJ'\'ARD[NO AMENDING RESOLUTION 84-37[, PROCEDURAL RULES FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO ADMIN[STERING OATil FOR THOSE GIV[NG TESTIMONY AT MEETINGS OF THE MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION. BE [T RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARD[NO AS FOLLOWS: 8 SECTION I. Resolution No. 84-371. Procedural Rules for meetings of Mayor and 9 Common Council, is hereby amended to read as follows: 10 A. 11 12 The following new Section V shall be added following Section IV COUNCIL AGENDA: V. HEARINGS \Vhenever the Mayor and Common Council/Community Development Commission are conducting a public hearing, at the commencement of all hearings scheduled for the same time (i.e., public hearing[s] scheduled for 10:00 a.m.; Planning public hearing[s] at II :00 a.m.; E.D.A. public hearing[sJ at 2:00 p.m.) the City Clerk shall address the public and state the following: "Any member of the public wishing to address the Mayor and Common Council/Community Development Commission, please stand and raise your right hand." [The City Clerk shall then administer the following oath:] 26 "Do you solemnly affirm that the testimony you are about to give before this 27 Body will be the truth, the whole truth. and nothing but the truth? 28 - / 2000-279 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDIl'iO AMENDING RESOLUTION 84-371, PROCEDURAL RULES FOR MEETINGS OF MA YOR AND COMMON COUNCIL, RELATIVE TO ADMINISTERING OATIl FOR THOSE GIVING TESTIMONY AT MEETINGS OF THE MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION. Ifso, please say, 'I do.' Thank you." In addition, the City Clerk shall administer the oath to any member of the public desiring to address an item which has an expenditure of funds associated with it. As each member of the public commences his/her testimony, the Presiding Officer shall inquire as to whether or not he/she took the oath that was so administered. If the individual has not, and he/she refuses to do so, then he/she will be allowed to speak; however, the Mayor and Common Council/Community Development Commission shall determine both the weight and credibility to be given to the testimony. Section L Subsection B is amended to read as follows: "The Presiding Officer may make brief introductory remarks; and, may recommend, or advocate approval or disapproval, a continuance, or any other action concerning any business item after the number and title of the item is announced. The Parliamentarian ( o - RESOL'~V " 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2000-279, PROCEDURAL RULES 3 FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO ADMINISTERING OATH FOR THOSE GIVING TESTIMONY AT MEETINGS OF THE 4 MAYOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION I. The first thirteen (13) lines only of "V. HEARINGS" in Section 1. A of 8 Resolution 2000-279 are amended to now read as follows: 9 Whenever the Mayor and Common Council/Community Development I 0 Commission are conducting a quasi-judicial hearing (generally, but not always, 11 involving a property right), at the commencement of all such quasi-judicial 12 hearings scheduled for the same time, the City Clerk shall address the public 13 and state the following: o 14 15 Council/Community Development Commission, please stand and raise your "Any member of the public wishing to address the Mayor and Common 16 right hand." 17 [The City Clerk shall then administer the following oath:] 18 19 20 21 22 / IIi 23 /11 24 1// 25 /11 26 /11 0 27 28 "Do you solemnly affirm that the testimony you are about to give before this Body will be the truth, the whole truth, and nothing but the truth? If so, please say, 'I do.' Thank you." HTe (Rcso,Oath] .f ...... o RESOLUTION OF THE MA YOR AND COMMON COUNCIL OF TilE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 2000-279, PROCEDURAL RULES 2 FOR MEETINGS OF MAYOR AND COMMON COUNCIL, RELATIVE TO 3 ADMINISTERING OA TH FOR THOSE GIVING TESTIMONY AT I\IEETlNGS OF TilE I\IA YOR AND COMMON COUNCIL/COMMUNITY DEVELOPMENT COMMISSION. 18 19 20 21 22 23 24 25 26 0 27 28 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held , 2004, by the following vote, to wit: NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk The foregoing Resolution is hereby approved this _ day of ,2004. JUDITH V ALLES, Mayor City of San Bernardino Approved as to Form and legal content: I JAMES F. PENMAN. City Attorney BJj- if~ I HTC [Reso Oalh] I 2