HomeMy WebLinkAbout07.B- Council Committee Assignments 7.6
DOC ID: 4387
CITY OF SAN BERNARDINO— REQUEST FOR COUNCIL ACTION
Appointment
From: John Valdivia M/CC Meeting Date: 04/04/2016
Prepared by: Cheryl Weeks, (909) 384-
5188
Dept: Council Office Ward(s): All
Subject:
Council Committee Assignments (#4387)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None
Motion: Approve the recommended Council Committee assignments.
Subject:
City Council Committee Assignments
Background:
August 3, 2010 The Mayor and Common Council adopted Operational Guidelines
(See Attachment A) which state:
"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 an as
needed basis."
November 3, 2008 The Mayor and Common Council adopted an ordinance which
established the process of selecting the Mayor Pro-Tempore.
That process provides that annually, at the second regularly
scheduled meeting of the Common Council in March of each year,
the Common Council shall elect a Council Member to serve as
Mayor Pro-Tempore. Further, the ordinance amended Section
2.76.050 of the San Bernardino Municipal Code to read:
"It shall be the responsibility and duty of the Mayor Pro-Tempore
to assign Council Members to all standing committees and ad hoc
committees of the Common Council. It shall also be the
responsibility and duty of the Mayor Pro-Tempore to designate
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4387
chairpersons of all standing committees and ad hoc committees of
the Common Council. All such assignments to and membership
on, and designation of chairpersons of, standing committees and
ad hoc committees of the Common Council shall be subject to the
approval and appointment of the Common Council."
Updated: 3/31/2016 by Cheryl Weeks Packet Pg.398
7.6
4387
COUNCIL COMMITTEE ASSIGNMENTS
Effective April 5, 2016
Legislative Review
John Valdivia - Chair
Henry Nickel
Benito Barrios
Quality of Life
Henry Nickel - Chair
Virginia Marquez
Bessine L. Richard
Education Bridge
Bessine L. Richard - Chair
Jim Mulvihill
Henry Nickel
Legal
Henry Nickel - Chair
Benito Barrios
Bessine L. Richard
Real Estate
Benito Barrios - Chair
Virginia Marquez
John Valdivia
CDBG
John Valdivia - Chair
Henry Nickel
Bessine L. Richard
Personnel
Jim Mulvihill - Chair
Fred Shorett
Virginia Marquez
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p
7.B
4387
San Bernardino Hometown Military Banner
Virginia Marquez - Chair
Fred Shorett
John Valdivia
Recommendation:
That the recommended Council Committee assignments be approved.
Supporting Documents:
Reso 2010-252 (PDF)
IT EA
Updated: 3/31/2016 by Cheryl Weeks Packet Pg.400
ATTACHMENT « 7a.a,
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
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WHEREAS,the Operational Guidelines have been developed to provide better and more
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efficient communication between elected officials,staff,and the public;and
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WHEREAS, the Code of Conduct for the Mayor and Common Council is intended to P
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provide efficient procedures for elected officials to follow to assure public confidence in the integrity
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of local government, its effective operations,and fair treatment of people,and E
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WHEREAS,the Agenda Guidelines and Council Committee Guidelines are intended to v
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provide procedures for staff and elected officials to follow to assure clear direction for agenda
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preparation, posting requirements and deadlines;and j
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WHEREAS,the Mayor and Common Council have been given the opportunity to review M
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and make desired modifications to the Operational Guidelines;and N
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WHEREAS,the Operational Guidelines have been developed pursuant to the applicable o
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provisions of the San Bernardino City Charter and reviewed by the City Attorney. N
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19 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: E
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SECTION 1. The Operational Guidelines, inclusive of the Code of Conduct for the w
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Mayor and Common Council,the Agenda Guidelines,and the Council Committee Guidelines,all
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as attached hereto as Exhibit A and by this reference made a part hereof,are hereby adopted.
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SECTION 2. The Operational Guidelines supersede all inconsistent guidelines of earlier
24
date.
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SECTION 3. The Operational Guidelines shall become effective upon adoption of this
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resolution.
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7.B.a
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 reguianneeting thereof,held
5 on the 2nd day of Auugi,gt ,2010 by the following vote,to wit:
6 Council Members: AYES NAYS ABSTAIN ABSENT
7
MARQUEZ x
8 a
DESJARDINS x 2
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10 BRINKER x
11 SHORETT x E
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12 KELLEY x
13 JOHNSON x
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17 Rachel G. Clark,City Clerk o
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18 The foregoing resolution is hereby approved this day of
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19 August ,2010.
20 �` �
'c .Morris,Mayor
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City of San Bernardino
22 Appro ed as to form:
23 By:
24 A ES F.PENMAN,
25 y Attorney
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July 28,2010
Packet Pg.402
7.B.a
2010-252 Exhibit A
"Building a Better Community"
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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 N
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 o
J policy issues, involvement of the public and the implementation of policy decisions of the U
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 0
the business of the body; or otherwise interfering with the orderly conduct of meetings.
S. Decisions based on Merit N
The Mayor and Common Council shall base their decisions on the merits and substance of the N
matter at hand,rather than on unrelated considerations. o
6. Sharing of Information on Issues under Consideration o
The Mayor and Common Council shall publicly share substantive information that is relevant d
to the matter under their consideration, which they may have received from sources outside of
the public decision-making process,
7. Conflict of Interest E
In order to assure their independence and impartiality on behalf of the common good, the
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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.
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2010-252
"Building a Better Community"
Name o Program: Operational Guidelines Program:Code of Conduct
4. 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. y
11. Independence of Boards and Commissions
The Mayor and Common Council shall refrain from using their position to unduly influence the c
deliberations or outcomes of commission proceedings. 2M
12. Policy Role of Members y
The Mayor and Common Council are responsible for setting clear direction and policies and for d
holding the City Manager accountable for achieving those policies. w
The Mayor and Common Council should respect and adhere to the. established procedures of E
city government whereby the Council determines the policies of the City with the advice, ci
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 CO
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 N
Council will come to consensus regarding major issues that need further exploration and o
analysis so as to judiciously assign tasks to the City Manager and his staff. This language does N
not prohibit the Mayor, Council Members, City Attorney, City Clerk, or City Treasurer from o
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 d
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 a
encourage the inference that they do.
i 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.
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?.3.a
2010-252
".Building a Better Community"
Name of Program: Operational Guidelines Pro ram:Code of Conduct
15. Communication with City Manner 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 r
of concem.
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• The Mayor, Common Council,City Manager and staff will not blindside each other in public. c
• Council members are encouraged to submit questions on agenda items to the City Manager as •y
far in advance of the meeting as possible so that staff can be prepared to respond at the (n
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 E
time to respond. Staff will report back to the Council through the City Manager on the L)
resolutions of these complaints.
• The Mayor and Councilmembers will be provided with information from staff and other Z
members on an equal basis so that they are equally prepared to make good decisions.
lb. Compliance and Enforcement ti
The Code of Conduct expresses standards of ethical conduct expected of the Mayor and v
Common Council. The protocols are intended to be self-enforcing; members themselves have N
the primary responsibility to assure that the standards are understood and met. The Mayor has N
the additional responsibility to intervene when the actions of Council members appear to be in
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violation of the Code during the process of conducting the Council meetings. N
17. Community Development Commission °
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This code of conduct shall also apply to the Community Development Commission and its W
Chairman.
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2010-252
"Building a Better Community"
Name of Program: Operational Guidelines &&ram: 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 E
administrative policy, a�
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The City Clerk shall compile the agenda, listing all matters to be considered by the Council a
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according to the order of business,numbering each item consecutively. r
2. Submission of Agenda Item Staff Reports E
Mayor and Common Council staff reports and back-up material should be prepared and 0
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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 2
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 00,
The City Clerk shall prepare the Agenda packet. Not later than 5:00 p.m.on the Thursday prior
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to each regular Common Council meeting. A copy of the agenda, with accompanying staff N
reports and other background materials, should be delivered to the Mayor and each Council °
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Member so as to be available no later than the Thursday preceding the Council meeting. o
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Except in the case of items qualifying on which the need to take action arose after the agenda W
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 E
contained in the packet may be included.
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4. Posting of Agenda a
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
1 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.
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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 E
the order in which they seek recognition. 0
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3. Any Councilmember shall have the right to express dissent from, or protest to, or comment
upon,any action of the Common Council.
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4. Once a vote is taken on an issue, Councilmembers are encouraged to support the decision. o
When possible, the Common Council should attempt to reach consensus on an issue. When
Us is not possible, the majority vote shall prevail. However, the Common Council shall
1 respect the opinion of the minority.
5. The Mayor and Common Council shall publicly share substantive information, which they may ti
have received from sources outside the public decision-making process, which is relevant to a v
matter under consideration by the Common Council, N
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6. The Mayor and Common Council will strive for a win-win situation by respecting diverse o
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opinions. They will allow for everyone's opinion to be heard and respected,even if they do not c°.,
win the vote or prevail on the issue. N
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7. The Mayor and Common Council will allow room for dialogue. When discussing an agenda w
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item the Councilmembers will allow the opportunity to dialogue with each other to build
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consensus on an item
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ROLE OF CITY STAFF REGARDING COUNCIL MEETINGS a
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,
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2010-252
"Building a Better Community"
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4. During Council meetings,staff shall turn off or switch any electronic equipment such as pagers
and cellular telephones to a silence mode.
5. 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 w
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Manager. m
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ROLE OF THE PUBLIC DURING COUNCIL MEETINGS
1. Members of the public attending Council meetings shall observe the same rules and decorum Q
applicable to the Mayor,Common Council,and staff. w
2. All speakers must approach the podium when recognized by the Mayor. Members of the public E
shall only speak from the podium. The Public shall not engage in conduct that disrupts the
meeting, o
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.
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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 Cleric N
prior to the meeting, or if during the course of the meeting,the materials shall be given to the o
City staff on the dais. At no time shall the public provide materials directly to the Mayor and o
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Council. o
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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. POlic
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. Purpose
These rules are intended to enhance public participation and committee meetings so that the
best possible decisions can be made for San Bernardino. a�
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3. General Requirements Q
Common Council standing committees shall be subject to the following procedural rules.
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4, Ouorum E
A majority of the committee membership shall constitute a quorum L)
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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 M
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 N
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. N
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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 E
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 Q
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.
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2010-252
"Building a Better Community"
Name of Program: Operational Guidelines Program: Council Committees
S. Agenda
The chairperson of each standing committee shall prepare the agenda for committee meetings,
the sequence of study being, within reasonable Iimits 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 Iimit specified by the presiding officer.
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10. Conduct of Standing Committee Meetings
The chairperson of each committee may conduct meetings with as much informality as is c
consistent with Mayor and Common Council procedural rules for meetings,which shall also be N
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. E
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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 v
Common Council,may appoint members to such other Ad Hoe Council Committees as deemed CM
desirable and necessary to assist and advise the council in its work. Upon his/her appointment, o
the Mayor Pro Tempore shall review the number and purpose of the Ad Hoe Committees
before assigning members. These Ad Hoe Committees meet on as needed basis. 0
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