HomeMy WebLinkAbout33-Council Office
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
em:
Councilman Tobin Brinker
Third Ward
Subject:
City Charter Section 34 - Powers
of the Common Council
Dept.
Council Office
Date:
November 15, 2007
MCC Date:
November 19, 2007
Synopsis of Previous Council Action:
Recommended Motion:
To approve code of conduct that defines "disorderly or contemptous behavior"
and clarifies "rules for your own proceedings".
c
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Signature
Contact Person; Councilman Tobin Brinker
Phone:
5333
Supporting Data Attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.1
(Acct. DescriDtion 1
Finance:
Council Notes:
C
Agenda Item No. .Jt. 3 )
III r.o 7
City of San Bernardino- Request for Council Action
From: Tobin Brinker Subject: City Charter Section 34- Define
"disorderly or contemptuous behavior"and
clarifies "rules for your own proceedings."
Dept: Council Office
Date: 11/19/07
Synopsis of Previous Council Action:
Res. #84-371 On September 17, 1984 the Mayor and Common Council adopted
procedural rules for meetings of the legislative body. Section III of those Hiles addressed
"Conduct of Members"but did not establish a clear definition of"disorderly or
contemptuous behavior"or create a process by which members who violate the rules
would be held accountable. (Attachment"A")
July 24, 2000-The Mayor and Common Council adopted Conduct Guidelines for elected
officials and employees. Section III of those rules addressed"Conduct of Council
Meetings"but did not establish a clear definition of disorderly or contemptuous
behavior"or create a process by which members who violate the rules would be held
accountable. (Attachment"B")
Recommended Motion:
Motion A- I move to define"disorderly and contemptuous behavior" as any violation of
the proposed code of conduct by an elected representative of the city of San Bernardino
or staff during an open or closed session of a regular or special meeting of the mayor and
common council.
and
Motion B- I move to establish the following process for enforcing violations of the code
of conduct. A motion to correct conduct requires two seconds. The maker of the motion
must state the specific violation of the code of conduct. Debate is allowable and the
motion passes with 5/7 majority vote. If the motion passes the following fines will be
administered:
I'offense-$50 fine
2'd offense-$100 fine
P offense- $250 fine
All subsequent offenses- $250 fine for each violation.
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The city charter slates in section 34."The common council shall have power to adopt rules for its
own proceedings.- It goes on to say,"In punish an)"member by a fine not exceeding two hundred and 5fl3
dollars($250)for disorderly or contemptuous behavior." Up to now the council has never defined what
constitutes"disorderly or contemptuous behavior'or the process for fining someone. I believe that now is
the time to police ourselves and to show the community that we are capable of working together while
respecting our diversity.
"Code of Conduct"
The citizens of San Bernardino deserve a city council that models proper behavior and demousamte civility"
in its public meetings, so the Mayor and common council agree to the following standards of behavior for
all public officials at all public meetings:
• Voices will not be raised in anger or admonition
• All voices will be heard(any"attempt to end debate before each member wishing to speak has
spoken should not be entertained by the chair).
• Personal attacks(threats.negative comments about personal behavior or family members is NOT
ALLOWED)
• Innuendo designed to embarrass or incite is prohibited
• Vulgar or obscene language is prohibited
• Use of public comment to step outside these rules of conduct is not allowed
This code of conduct is enacted to improve communication and not to inhibit dialogue. Important facts,
ideas or beliefs can be communicated in a variety ways that do not violate this code. Private
communication outside of the public meetings is in no way inhibited. Positive effective communication
could include:
• Written communication
One-on-one communication before or after public meetings
Mediated conversations with a neutral part)"present to facilitate
Process
To avoid over use this process should not be used lightly,therefore a motion to correct conduct
require two seconds before it would be accepted by the chair. Further the motion must clearly state what
part of the code of conduct was violated
Example "I move that council member X be required to correct conduct because they attempted to publicly
embarrass council member Y with their innuendo about a golf membership being a bribe.-
Second#1
Second#2
Debate is allowed on this motion and it would pass with a 5n majority.
1"Offense$50 dollar fine
2" Offense$100 dollar fine
3'd Offense$250 dollar fine
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.
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 i
22 the 17th day of September 1984 , by the following vote ,
i I23 ! to wit:
24 ! AYES : Council Members Cestaneda, Reilly, Marks
25 I !?uiel, Frazier. , Strickler
26 it NAYS: Council Member Hernandez
27 ABSENT: None
e I l
I1 City Clerk i
1 The foregoing resolution is hereby approved i day
2 of September 1984.
3 .r.
4
ayor of C ty of San Bernardino
5 Approved as to form:
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7 City A orneyJ
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:� I
1 PROCEDURAL
2 RULES FOR MEETINGS OF
THE MAYOR AND COMMON COUNCIL
3
4 1 . 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.
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 I thereon is taken.
23 I F. The City Clerk, City Administrator or City Attorney
24 ii shall be recognized by the Presiding Officer after such
25 Ij official has sought recognition by obtaining the
26 II attention of the Presiding Officer and shall be given
27 the floor as soon as the speaker having the floor is
28 finished.
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 Icall 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 �I 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.
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 L 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
I8 adopted by the Common Council to waive the agenda deadline
19 requirements.
20 Any request to reconsider an item
previously considered and
21 Ilacted 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 land place.
25 IV, PROCESSING OF MOTIONS
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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
. II
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 Iquestion, (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
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.
1s 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 I amendment relating to a different matter shall not be in
23 order. A substitute motion on the same subject is
24 I 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
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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 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
22 the Chambers for a short time and that vote shall count.
23 A Council member should strive to be present at all
24 I 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. Changing Vote. Any member may change his vote before the
t
28 meeting is adjourned for that day, provided he orally
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
is 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.
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City of San Bernardino
CONDUCT GUIDELINES
I.
Puroose and Intent
It is the intent of the City of San Bernardino, its Mayor, Common Council,other
elected officials, and unclassified employees, to promote conduct which reflects this
City's commitment to fair,responsible,and impartial decision-making. This City intends
to conduct its business with integrity,courtesy,and professionalism. As such,the City's
business is to be conducted in an orderly and efficient manner through proper channels.
Its elected officials and employees will not conduct business for the purpose of furthering
personal gain.
Therefore, the Mayor, City Council Members, City Clerk, City Attorney, City
Treasurer, and all Unclassified Employees of the City of San Bernardino intend to adhere
to the following Conduct Guidelines.
II.
Conduct Guidelines Pertainine to
Elected Officials and Unclassified Employees
These Conduct Guidelines affirm the Mayor as Chief Executive Officer of the
City of San Bernardino, as provided in Article IV of the Charter for the City of San
Bernardino. The Mayor shall have general supervision over all the departments and
public institutions of the City, and shall cause them to be honestly, economically, and
lawfully conducted.
Elected Officials and Unclassified Employees shall uphold the laws of the United
States of America,the State of California and the City of San Bernardino.
All Elected Officials and Unclassified Employees should work in full cooperation
with other elected or public officials and employees unless prohibited from doing so by
law or legitimate requirements of their jab.
All Elected Officials and Unclassified Employees should conduct business in a
fair and equitable manner with all individuals, groups, businesses, organizations and
other elected and public officials and employees.
No Elected Official or Unclassified Employee shall use City-owned property for
personal use without reimbursement to the City for that use, except as provided by law,
contract or consent of the Mayor or Council.
Adopted 7/102000 1
A-401A��&J
Elected Officials shall not attempt to force City staff in making appointments,
awarding contracts, selecting consultants, processing development applications, granting
City licenses or permits, or conducting any administrative task within the authority of
City staff.
Elected Officials shall not interfere with the routine operating policies and
practices of any City department without working through the proper channels for
decision-making and communication.
No Elected Official or Unclassified Employee should exceed their authority or
ask others to do so.
No Elected Official or Unclassified Employee should speak on behalf of the
Mayor or represent the official position of the Mayor/Common Council,unless he or she
has been designated by the Mayor his or her representative.
Elected Officials and Unclassified Employees shall not disclose matters which
should be kept confidential, such as employee discipline, the prosecution and defense of
legal matters, salary negotiations, and matters properly handled in closed meetings; nor
shall any Elected Official or Unclassified Employee use any such information for
personal gain,in violation of law.
No Elected Official or Unclassified Employee shall take any action which will,or
is likely to,result in a conflict of interest as defined by state law, or engage in or accept
employment where such employment is incompatible with the proper discharge of his or
her official duties.
No Elected Official or Unclassified Employee shall have any interest, financial or
otherwise, direct or indirect,or engage in any business or transaction,which is in conflict
with the proper discharge of their official duties,in accordance with law.
No Elected Official or Unclassified Employee shall use his or her office or the
power or authority of that office in any manner intended to induce or coerce any person
or entity to provide, directly or indirectly, anything of value which shall accrue to the
advantage or benefit of that Elected Official,Unclassified Employee,or any other person
No Elected Official or Unclassified Employee shall use the time of any other elected
official or employee during working hours for personal gain or profit.
III.
Conduct of Council Meetines
Council meetings are for the orderly conduct of business and each Member of the
Common Council shall conduct himself or herself accordingly. All communication
between Council Members and staff during the public sessions shall be conducted in a
manner that reflects appropriate respect and professionalism.
Adopted 7/102000 2
City staff will make every effort to provide the Mayor and Council with all
agenda materials necessary to make an informed decision, with the goal of distributing
these materials by 4:00 p.m.on the Thursday before each Council meeting.
If Council Members have specific questions or issues concerting an agenda item,
and the matter is not adequately addressed in the agenda materials,they should attempt to
contact staff prior to the meeting to allow sufficient time for staff to gather additional
information and/or research the question. In that vein, Council Members may also
contact the City Administrator on any agenda issues, including on weekends prior to a
Monday Council Meeting. The City Administrator commits to being available to provide
such infornumion and clarification.
The Consent Calendar should be reserved for matters of a routine nature.
Members of Council should limit their debates to the issues before them. Each
Council Member should refrain f-om making personal and/or derogatory remarks about
other Council Members.
Items which require specialized knowledge and research may be referred to
committees to the largest extent possible. Due consideration will be given to the
committee recommendation if Council so desires.
Adopted 7/102000 3
Valerie Ross, Principal Planner, Development Services Department, stated that
_ she wanted to check the consultant's availability and would bring the matter back before
the Council.
Council Member Suarez made a motion, seconded by Council Member
Anderson, and unanimously carried, that the matter be continued to July 24, 2000.
APPROVE - CONDUCT GUIDELINES - ELECTED OFFICIALS &
EMPLOYEES (Continued from June 19, 2000) (33)
City Administrator Wilson submitted a staff report dated June 29, 2000,
requesting that the revised Conduct Guidelines be approved.
Mr. Wilson explained that one of the action items under the City's Goals and
Action Plans was to develop a comprehensive code of conduct or Conduct Guidelines.
The word "unclassified" was added to clarify that the Guidelines applied to
management employees and department/division heads. He stated that unclassified
employees are represented by bargaining units, have separate Memorandums of
Understanding, and are governed by a separate set of rules.
Council Member Anderson made a motion, seconded by Council Member
Suarez, and unanimously carried, that the Mayor and Council approve the attached
Conduct Guidelines.
RES. 2000-207 - RESOLUTION OF THE CITY OF SAN
BERNARDINO CONFIRMING THE 2000/2001 ASSESSMENT ROLL
FOR ACQUISITION AND IMPROVEMENTS FOR THE
DOWNTOWN CENTRAL CITY PARKING DISTRICT NO. 947
(ROLL 1 ONLY). (35)
Council Member Suarez made a motion, seconded by Council Member
McCammack, that said resolution be adopted.
Resolution No. 2000-207 was adopted by the following vote: Ayes: Council
Members Lien, McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None.
Absent: Council Member Estrada.
RES. 2000-208 - RESOLUTION OF THE CITY OF SAN
BERNARDINO MODIFYING THE ENGINEER'S REPORT AND
CONFIRMING THE 2000/2001 ASSESSMENT ROLL FOR
ASSESSMENT DISTRICT NO. 1020, LANDSCAPING
MAINTENANCE DISTRICT, MILL AND DALLAS AREA.
(Continued from June 19, 2000) (36)
Council Member McGinnis made a motion, seconded by Council Member
Anderson, that said resolution be adopted; and that the amount of$400 be appropriated
15 7/10/2000