RESOLUTION NO. 5108-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW
ADOPTING AND ESTABLISHING RULES FOR THE CONDUCT OF ITS
MEETINGS, PROCEEDINGS AND BUSINESS AND REPEALING
RESOLUTION NO. 4647-2011
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The Council of the City of Barstow does hereby adopt and establish the following rules for the conduct of its meetings, proceedings, and business:
l.
MEETINGS
Regular Meetings. Regular meetings of the Council shall be held, with notice, on the first and third Monday of each month. The meeting shall commence at 7:00 p.m. in the Council Chambers in the City Hall of the City of Barstow located at 220 East Mountain View, Barstow, California, or at such other place as the Council may from time to time prescribe.
B. Consecutive Meetings. The City Council establishes the alternative to hold consecutive or joint meetings with other agencies that the City Council officiates as the Governing Board. Meetings will begin at the regularly scheduled meeting time of the City Council unless the City Council designates a different time when required.
Study Session. Study sessions may be called by a majority of the City Council at such times as the Council deems necessary. Study sessions shall be for the purpose of hearing reports from staff or other persons. No official action shall be taken at the study session.
Cancellation. Any meeting of the Council may be cancelled in advance by a majority vote of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have confirmed in writing their unavailability to attend a meeting.
E. Adjournment. Meetings shall adjourn at 11:00 p.m. unless a majority vote of the Council to continue past the 11:00 p.m. deadline suspends the rule.
F. Chair. The Mayor shall preside over all Council meetings. In his/her absence, the Mayor Pro-Tem shall serve as presiding officer.
Agenda. The Agenda shall be prepared at the direction of the City Manager and approved by the Mayor. A copy of the agenda shall be posted at least 72 hours prior to each regular meeting. In addition, a copy of the agenda with appropriate supporting documentation shall be available at City Hall during normal business hours for public City Council Resolution No. 5108-2022 1
inspection. All items to be placed on the City Council Agenda shall be received by the City Clerk by no later than 12:00 P.M. on Monday prior to the regular Council meeting on the following Monday. Members of the City Council may place items on the agenda with the concurrence of a second council member, subject to the agenda deadlines in this section.
Record of Proceedings. All hearings may be taped (or other process) and the minutes of such proceedings will be prepared in a summarized form. All exhibits and staff reports will be permanently maintained. An adequate record of both administrative and legislative hearing shall be prepared in contested matters, if any party makes a written request therefore, to the City Manager, prior to the day set for such hearing. The cost of such record shall be borne by the requesting party, in an amount to be set by the City Clerk; a deposit may be required in advance, in the discretion of the City Manager.
II.
ORDER OF BUSINESS
The order of business for regular, adjourned or special meetings shall be as follows:
1. Closed Session/Report of Closed Session (as necessary)
2. Invocation
3. Call to Order
4. Pledge of Allegiance
5. Roll Call
6. Review and Approval of the Agenda
7. Presentations (if desired)
8. Consent Calendar and Consent Calendar Public Comment
9. Discussion/Action on Deferred Consent Items
[Including Public Comment on Each Item]
10. Business/Action Items
[Including Public Comment on Each Item]
11. Public Hearings (as necessary)
12. General, Non-Agenda Public Comment
13. Staff Reports
14. Public Safety Updates
15. City Manager Comments
16. Council Committee Reports
17. Business of the Council
18. Adjournment
Items may be placed on the Consent Calendar at the discretion of the City Manager. All items listed on the Consent Calendar are considered to be routine and will be enacted by one roll call vote. There may be separate discussions of these items when a member of the City Council requests that any specific item be removed from the Consent Calendar for separate action. Any items removed from the Consent Calendar will be considered at the conclusion of the Consent Calendar under Deferred Items.
City Council Resolution No. 5108-2022 2
Ill.
RULES OF CONDUCT
The City Council hereby adopts as its rules of conduct for all City Council meetings, "Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21s' Century," ("Rules") attached hereto and incorporated by reference herein as Exhibit "A".
B. The attached Rules are modified to the extent that all motions shall be passed by a simple majority vote of the City Council, except where a super-majority vote is required pursuant to State law.
Authority of the Chair. Subject to appeal, the Chair shall have the authority to order. In so ruling, the Chair shall be courteous and fair and should presume that the moving party is making the motion in good faith.
Public Hearings. Matters which are required to be heard at a noticed public hearing shall be conducted in the following manner:
1. Time for Consideration. Matters noticed to be heard by the Council shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until the same has been completed or until other disposition of the matter has been made.
Continuance of Hearings. Any hearing being held or noticed or ordered to be held by the Council at any meeting of the Council may, by order or notice of continuance, be continued or continued again to any subsequent meeting in the manner provided herein for adjourned meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made.
Public Discussion at Hearings. When a matter for public hearing comes before the Council, the Mayor shall open the public hearing. Upon opening the public hearing and before any motion is adopted related to the merits of the issue to be heard, the Mayor shall inquire if there are any persons present who desire to speak on the matter which is to be heard or to present evidence respecting the matter. Any person desiring to speak or present evidence shall make his/her presence known to the Mayor and upon evidence relevant to the matter being heard. No person may speak without first being recognized by the Mayor. Members of the Council who wish to ask questions of the speakers or each other, during the public hearing portion may do so but only after first being recognized by the Mayor. The Mayor shall conduct the meeting in such a manner as to afford due process.
City Council Resolution No. 5108-2022 3
All persons interested in the matter being heard by Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk's record. Time limits may be established by the Council, limiting the duration of presentations as set forth in these rules. No person shall be permitted during the hearing, to speak about matters or present evidence which are not germane to the matter being considered. A determination of relevance shall be made by the Mayor, but may be appealed as set forth in these rules.
4. Consideration of Question by Council. After all members of the public desiring to speak upon the subject of the hearing have been given an opportunity to do so, the public hearing shall be closed by the Mayor and Council may consider what disposition they wish to make of the question or questions presented at the hearing. No member of the public shall be allowed to speak further on the questions during this period of deliberation, unless the majority of the Council vote to re-open the public hearing.
Council members may also ask questions of the speakers, if so desired. At the conclusion of the Council discussion, and appropriate motion having been made and seconded, the Council shall vote on the matter.
Chair. The Mayor shall preside over all Council meetings. In his/her absence the Mayor pro tem shall serve as presiding officer. The Mayor may change the order of business or order for consideration of any item if convenient for the efficient conduct of the meeting, subject to approval by a majority vote of the Council.
Attendance by the public. Except as specifically provided by law for closed session, all meetings of the Council shall be open and public. All persons desiring to attend shall be permitted to attend any meeting. In the event any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting unfeasible and order cannot be restored by removal of the offending individual or individuals, the Council may order the meeting room cleared and continue in session.
Representatives of the press, unless participating in the disturbance, shall be allowed to attend such session, and nothing shall prohibit the Council from readmitting individuals not responsible for the disturbance.
G. Business of the Council/Council Committee Reports. Council Committee Reports shall be presented by the Mayor or City Council members with no time limit. Business of the Council shall be presented by the Mayor or City Council members and limited to 6 minutes in order to improve the efficiency of meetings.
Public Participation. Any person may speak on any item pertaining to municipal affairs during the public comment period of the meeting. The Mayor shall also permit any person to address the City Council during each agenda item. Each member of the public wishing to address the City Council shall submit a "Request to Speak" form to the City Clerk. Persons addressing the City Council shall state their name and direct their comments to the Mayor and not to staff, the news representatives or the audience.
City Council Resolution No. 5108-2022 4
Removal of Disruptive Members of the Public. In compliance with the requirements of Government Code section 54957.95, the Mayor or presiding member of the City Council shall have the authority to order the removal of a member of the public disrupting a meeting. Prior to ordering the removal of the disruptive individual, the Mayor or presiding member of the City Council shall first warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. A person is deemed to be "disrupting" the meeting when they are engaging in behavior "that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:"
1. Failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Government Section 54954.3 or any other law; or
2. Engaging in behavior that constitutes use of force or a true threat of force. "True threat of force" means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. Any decision by the Mayor or presiding officer regarding removal from a meeting is subject to appeal to the Council.
J. Appeal of a Ruling by the Mayor or Presiding Officer as Chair. Any Council Member may appeal a ruling made by the Mayor or Presiding Officer as Chair to the full Council.
A motion to appeal a ruling of the Chair requires a second, and after debate, if it passes by a simple majority vote, then the ruling of the Mayor or Presiding Officer as Chair is deemed reversed. The motion can be phrased as follows: "I move to appeal the ruling of the Mayor/Chair that [briefly describe ruling] to the Council." The motion must be made at the time of the ruling at issue. Once made, the motion requires a second. The motion is always in order, unless the Council is in the middle of considering another motion to appeal a different ruling. The motion is debateable. The vote is framed as whether the motion to override the Mayor's decision should be passed - a "yes" vote overturns the Mayor's decision and a "no" vote affirms the Mayor's decision. If the Council majority votes yes, then the Mayor or Chair's decision is overturned. If the Council majority votes no, then the Mayor or Chair's decision stands.
SECTION 2. Resolution No. 4641-2011 is hereby repealed in its entirety.
City Council Resolution No. 5108-2022
PASSED, APPROVED AND ADOPTED this 7" day of, November, 2022.
Paul Anthony Courtroy, Dr.,B.A., Mayor
ATTEST:
sour
Andrea Flores, City Clerk
1, Andrea Flores, City Clerk of the City of Barstow and ex officio Clerk of the City Council of the City of Barstow, DO HEREBY CERTIFY under penalty of perjury that the toregoin! is a true and correct copy of Resolution No. 5108-2022 of said City which was adopted a a regular meeting of said Council held on the 7' day of November, 2022 by the following vote:
AYES: COUNCIL MEMBERS KRUSE, SILVA, ROSE, MAYOR PRO TEM NOBLE, AND MAYOR COURTNEY.
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
tans
Andrea Flores, City Clerk
City Council Resolution No. 5108-2022 6
EXHIBIT A
Rosenberg's Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
LEAGUE®
OF CALIFORNIA
CITIES
MISSION aND CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
VISION
To be recognized and respected as the leading advocate for the common interests of California's cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California's incorporated cities.
The Leaguc strives to protect the local authority and automony of city government and help California's cities effectively serve their residents. In addition to advocating on cities behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.
ABOUT THE AUTHOR
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Governmen: Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
II
TABLE OF CONTENTS
About the Author..
Introduction.. ...2
Establishing a Quorum... ...2
The Role of the Chair. ...2
The Basic Format for an Agenda Item Discussion. ..2
Motions in General.. ...3
The Three Basic Motions.. ..3
Multiple Motions Before the Body.. ..4
4 To Debate or Not to Debate..
Majority and Super-Majority Votes ....5
Counting Votes... ...5
The Motion to Reconsider. ...6
Courtesy and Decorum ..7
Special Notes About Public Input .. ..7
1 INTRODUCTION
The rules of procedure at meetings should be simple enough for Establishing a Quorum most people to understand. Unfortunately, that has not always been The starting point for a meeting is the establishment of a quorum. the case. Virtually all clubs, associations, boards, councils and bodies A quorum is defined as the minimum number of members of the follow a set of rules — Robert's Rules of Order — which are embodied body who must be present at a meeting for business to be legally in a small, but complex, book. Virtually no one I know has actually transacted. The default rule is that a quorum is one more than half read this book cover to cover. Worse yet, the book was written for the body. For example, in a five-member body a quorum is three. another time and for another purpose. If one is chairing or running When the body has three members present, it can legally transact a parliament, then Robert's Rules of Order is a dandy and quite useful business. If the body has less than a quorum of members present, it handbook for procedure in that complex setting. On the other hand, cannot legally transact business. And even if the body has a quorum if one is running a meeting of say, a five-member body with a few to begin the meeting, the body can lose the quorum during the members of the public in attendance, a simplified version of the rules meeting when a member departs (or even when a member leaves the of parliamentary procedure is in order. dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.
Hence, the birth of Rosenberg's Rules of Order.
The default rule, identified above, however, gives way to a specific What follows is my version of the rules of parliamentary procedure, rule of the body that establishes a quorum. For example, the rules of based on my decades of experience chairing meetings in state and a particular five-member body may indicate that a quorum is four local government. These rules have been simplified for the smaller members for that particular body. The body must follow the rules it bodies we chair or in which we participate, slimmed down for the has established for its quorum. In the absence of such a specihc rule, 2 Ist Century, yet retaining the basic tenets of order to which we have the quorum is one more than half the members of the body. grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and The Role of the Chair private corporations and companies have adopted Rosenberg's Rules While all members of the body should know and understand the in lieu of Robert's Rules because they have found them practical, rules of parliamentary procedure, it is the chair of the body who is logical, simple, easy to learn and user friendly. charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the This treatise on modern parliamentary procedure is built on a chair makes the final ruling on the rules every time the chair states an foundation supported by the following four pillars: action. In fact, all decisions by the chair are final unless overruled by
1. Rules should establish order. The first purpose of rules of the body itself. parliamentary procedure is 1o establish a framework for the Since the chair runs the conduct of the meeting, it is usual courtesy orderly conduct of meetings. for the chair to play a less active role in the debate and discussion
2. Rules should be clear. Simple rules lead to wider understanding than other members of the body. This does not mean that the chair and participation. Complex rules create two classes: those should not participate in the debate or discussion. To the contrary, as who understand and participate; and those who do not fully a member of the body, the chair has the full right to participate in the understand and do not fully participate. debate, discussion and decision-making of the body. What the chair
3. Rules should be user friendly. That is, the rules must be simple should do, however, is strive to be the last to speak at the discussion enough that the public is invited into the body and feels that it and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will has participated in the process.
do so at that point in time.
4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of The Basic Format for an Agenda Item Discussion procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules Formal meetings normally have a written, often published agenda. must enable the majority to express itself and fashion a result, Informal meetings may have only an oral or understood agenda. In while permitting the minority to also express itself, but not either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed-upon roadmap for the meeting. Each dominate, while fully participating in the process.
agenda item can be handled by the chair in the following basic format:
2 First, the chair should clearly announce the agenda item number and Ninth, the chair takes a vote. Simply asking for the "ayes" and then should clearly state what the agenda item subject is. The chair should asking for the "nays" normally does this. If members of the body do then announce the format (which follows) that will be followed in not vote, then they "abstain." Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later considering the agenda item.
in these rules), then a simple majority (as defined in law or the rules Second, following that agenda format, the chair should invite the of the body as delineated later in these rules) determines whether the appropriate person or persons to report on the item, including any motion passes or is defeated. recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a Tenth, the chair should announce the result of the vote and what committee chair charged with providing input on the agenda item. action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who Third, the chair should ask members of the body if they have any voted in the minority on the motion. This announcement might take technical questions of clarification. At this point, members of the the following form: "The motion passes by a vote of 3-2, with Smith body may ask clarifying questions to the person or persons who and Jones dissenting. We have passed the motion requiring a 10-day reported on the item, and that person or persons should be given notice for all future meetings of this body." time to respond.
Fourth, the chair should invite public comments, or if appropriate at Motions in General a formal meeting, should open the public meeting for public input. Motions are the vehicles for decision making by a body. It is usually If numerous members of the public indicate a desire to speak to best to have a motion before the body prior to commencing the subject, the chair may limit the time of public speakers. At the discussion of an agenda item. This helps the body focus. conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, Motions are made in a simple two-step process. First, the chair is closed). should recognize the member of the body: Second, the member Fifth, the chair should invite a motion. The chair should announce of the body makes a motion by preceding the member's desired approach with the words "I move..."
the name of the member of the body who makes the motion.
A typical motion might be: "I move that we give a 10-day notice in Sixth, the chair should determine if any member of the body wishes the future for all our meetings" to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good The chair usually initiates the motion in one of three ways:
practice for a motion to require a second before proceeding to 1. Inviting the members of the body to make a motion, for ensure that it is not just one member of the body who is interested example, "A motion at this time would be in order" in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote 2. Suggesting a motion to the members of the body, "A motion on a motion even when there is no second. This is a matter left to the would be in order that we give a 10-day notice in the future for all discretion of the chair. our meetings."
Seventh, if the motion is made and seconded, the chair should make 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do sure everyone understands the motion.
so only if the chair wishes to make a motion on an item but is This is done in one of three ways: convinced that no other member of the body is willing to step
1. The chair can ask the maker of the motion to repeat it; forward to do so at a particular time.
2. The chair can repeat the motion; or
The Three Basic Motions
3. The chair can ask the secretary or the clerk of the body to repeat There are three motions that are the most common and recur often the motion.
at meetings:
Eighth, the chair should now invite discussion of the motion by the The basic motion. The basic motion is the one that puts forward a body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the decision for the body's consideration. A basic motion might be: "I move that we create a five-member committee to plan and put on motion. If there has been no discussion or very brief discussion, then our annual fundraiser."
the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
3 The motion to amend. If a member wants to change a basic motion First, the chair would deal with the third (the last) motion on the that is before the body, they would move to amend it. A motion floor, the substitute motion. After discussion and debate, a vote to amend might be: "I move that we amend the motion to have a would be taken first on the third motion. If the substitute motion 10-member committee." A motion to amend takes the basic motion passed, it would be a substitute for the basic motion and would that is before the body and seeks to change it in some way. eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on The substitute motion. If a member wants to completely do away the agenda item would be completed on the passage by the body of with the basic motion that is before the body, and put a new motion the third motion (the substitute motion). No vote would be taken on before the body, they would move a substitute motion. A substitute the first or second motions. motion might be: "I move a substitute motion that we cancel the annual fundraiser this year." Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion "Motions to amend" and "substitute motions" are often confused, but to amend. The discussion and debate would focus strictly on the they are quite different, and their effect (if passed) is quite different. amendment (should the committee be five or 10 members). If the A motion to amend seeks to retain the basic motion on the floor, but motion to amend passed, the chair would then move to consider the modify it in some way. A substitute motion seeks to throw out the main motion (the first motion) as amended. If the motion to amend basic motion on the floor, and substitute a new and different motion failed, the chair would then move to consider the main motion (the for it. The decision as to whether a motion is really a "motion to first motion) in its original format, not amended. amend" or a "substitute motion" is left to the chair. So if a member makes what that member calls a "motion to amend," but the chair Third, the chair would now deal with the first motion that was placed determines that it is really a "substitute motion," then the chair's on the floor. The original motion would either be in its original designation governs. format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor A "friendly amendment" is a practical parliamentary tool that is for discussion and decision would be whether a committee should simple, informal, saves time and avoids bogging a meeting down plan and put on the annual fundraiser. with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some To Debate or Not to Debate members. When that happens, a member who has the floor may The basic rule of motions is that they are subject to discussion and simply say, "I want to suggest a friendly amendment to the motion." debate. Accordingly, basic motions, motions to amend, and substitute The member suggests the friendly amendment, and if the maker and motions are all eligible, each in their turn, for full discussion before the person who seconded the motion pending on the floor accepts and by the body. The debate can continue as long as members of the the friendly amendment, that now becomes the pending motion on body wish to discuss an item, subject to the decision of the chair that the floor. If either the maker or the person who seconded rejects the it is time to move on and take action. proposed friendly amendment, then the proposer can formally move There are exceptions to the general rule of free and open debate to amend. on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that Multiple Motions Before the Body is, when the following motions are made and seconded, the chair There can be up to three motions on the floor at the same time. must immediately call for a vote of the body without debate on the The chair can reject a fourth motion until the chair has dealt motion):
with the three that are on the floor and has resolved them. This Motion to adjourn. This motion, if passed, requires the body to rule has practical value. More than three motions on the floor at immediately adjourn to its next regularly scheduled meeting. It any given time is confusing and unwieldy for almost everyone, requires a simple majority vote. including the chair.
Motion to recess. This motion, if passed, requires the body to When there are two or three motions on the floor (after motions and immediately take a recess. Normally, the chair determines the length seconds) at the same time, the vote should proceed first on the last of the recess which may be a few minutes or an hour. It requires a motion that is made. For example, assume the first motion is a basic simple majority vote. "motion to have a five-member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member Motion to fix the time to adjourn. This motion, if passed, requires might make a second motion to amend the main motion to have a the body to adjourn the meeting at the specific time set in the 10-member committee, not a five-member committee to plan and motion. For example, the motion might be: "I move we adjourn this put on our annual fundraiser." And perhaps, during that discussion, a meeting at midnight." It requires a simple majority vote. member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as follows:
4 Motion to table. This motion, if passed, requires discussion of the Motion to close nominations. When choosing officers of the agenda item to be halled and the agenda item to be placed on "hold." body (such as the chair), nominations are in order either from a The motion can contain a specific time in which the item can come nominating committee or from the floor of the body. A motion to back to the body. "I move we table this item until our regular meeting close nominations effectively cuts off the right of the minority to in October." Or the motion can contain no specific time for the nominate officers and it requires a two-thirds vote to pass. return of the item, in which case a motion to take the item off the Motion to object to the consideration of a question. Normally, such table and bring it back to the body will have to be taken at a future a motion is unnecessary since the objectionable item can be tabled or meeting. A motion to table an item (or to bring it back to the body) defeated straight up. However, when members of a body do not even requires a simple majority vote. want an item on the agenda to be considered, then such a motion is Motion to limit debate. The most common form of this motion is to in order. It is not debatable, and it requires a two-thirds vote to pass. say, "I move the previous question" or "I move the question" or "I call Motion to suspend the rules. This motion is debatable, but requires the question" or sometimes someone simply shouts out "question." a two-thirds vote to pass. If the body has its own rules of order, As a practical matter, when a member calls out one of these phrases, conduct or procedure, this motion allows the body to suspend the the chair can expedite matters by treating it as a "request" rather rules for a particular purposc. For example, the body (a private club) than as a formal motion. The chair can simply inquire of the body, might have a rule prohibiting the attendance at meetings by non-club "any further discussion?" If no one wishes to have further discussion, members. A motion to suspend the rules would be in order to allow then the chair can go right to the pending motion that is on the floor. a non-club member to attend a meeting of the club on a particular However, if even one person wishes to discuss the pending motion date or on a particular agenda item. further, then at that point, the chair should treat the call for the "question" as a formal motion, and proceed to it. Counting Votes When a member of the body makes such a motion ("I move the The matter of counting votes starts simple, but can become previous question"), the member is really saying: "I've had enough complicated. debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to Usually, it's pretty easy to determine whether a particular motion limit debate. The motion to limit debate requires a two-thirds vote of passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in NOTE: A motion to limit debate could include a time limit. For favor and two opposed, the motion passes. If it is two in favor and example: "I move we limit debate on this agenda item to 15 minutes." three opposed, the motion is defeated.
Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to If a two-thirds majority vote is needed to pass a motion, then how consideration of an item. This motion is not debatable, and if passed, many affirmative votes are required? The simple rule of thumb is to precludes the body from even considering an item on the agenda. It count the "no" votes and double that count to determine how many "yes" votes are needed to pass a particular motion. For example, in also requires a two-thirds vote.
a seven-member body, if two members vote "no" then the "yes" vote of at least four members is required to achieve a two-thirds majority Majority and Super Majority Votes
vote to pass the motion.
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of What about tie votes? In the event of a tie, the motion always fails since 4-3 passes the motion. A vote of 3-3 with one abstention means the an affirmative vote is required to pass any motion. For example, in a motion fails. If one member is absent and the vote is 3-3, the motion five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.
still fails.
All motions require a simple majority, but there are a few exceptions. Vote counting starts to become complicated when members The exceptions come up when the body is taking an action which vote "abstain" or in the case of a written ballot, cast a blank for unreadable) ballot. Do these votes count, and if so, how does one effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a count them? The starting point is always to check the statutes. two-thirds majority (a super majority) to pass: In California, for example, for an action of a board of supervisors to Motion to limit debate. Whether a member says, "I move the be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this previous question," or "I move the question," or "I call the question," or "I move to limit debate," it all amounts to an attempt to cut off the means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of ability of the minority to discuss an item, and it requires a two-thirds 3-0 with two abstentions would be sufficient. In general law cities in vote to pass.
5 California, as another example, resolutions or orders for the payment of Now, exactly how does a member cast an "abstention" vote? money and all ordinances require a recorded vote of the total members Any time a member votes "abstain" or says, "I abstain," that is an of the city council. (California Government Code Section 36936) Cities abstention. However, if a member votes "present" that is also treated with charters may prescribe their own vote requirements. Local elected as an abstention (the member is essentially saying, "Count me for officials are always well-advised to consult with their local agency purposes of a quorum, but my vote on the issue is abstain.") In fact, counsel on how state law may affect the vote count. any manifestation of intention not to vote either "yes" or "no" on the pending motion may be treated by the chair as an abstention. If After consulting state statutes, step number two is to check the rules written ballots are cast, a blank or unreadable ballot is counted as an of the body. If the rules of the body say that you count votes of "those abstention as well.
present" then you treat abstentions one way. However, if the rules of the body say that you count the votes of those "present and voting," Can a member vote "absent" or "count me as absent?" Interesting then you treat abstentions a different way. And if the rules of the question. The ruling on this is up to the chair. The better approach is body are silent on the subject, then the general rule of thumb (and for the chair to count this as if the member had left his/her chair and default rule) is that you count all votes that are "present and voting." is actually "absent." That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person Accordingly, under the "present and voting" system, you would NOT does not actually leave the dais.
count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are "present"), The Motion to Reconsider
but you treat the abstention votes on the motion as if they did not exist (they are not "voting"). On the other hand, if the rules of the There is a special and unique motion that requires a bit of body specifically say that you count votes of those "present" then you explanation all by itself; the motion to reconsider. A tenet of DO count abstention votes both in establishing the quorum and on parliamentary procedure is finality. After vigorous discussion, debate the motion. In this event, the abstention votes act just like "no" votes. and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening How does this work in practice?
if a proper motion to consider is made and passed.
Here are a few examples.
A motion to reconsider requires a majority vote to pass like other Assume that a five-member city council is voting on a motion that garden-variety motions, but there are two special rules that apply requires a simple majority vote to pass, and assume further that the only to the motion to reconsider. body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are "present and First, is the matter of timing. A motion to reconsider must be made voting." If the vote on the motion is 3-2, the motion passes. If the at the meeting where the item was first voted upon. A motion to motion is 2-2 with one abstention, the motion fails. reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow Assume a five-member city council voting on a motion that requires a motion to reconsider to be made at another time.)
a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. Second, a motion to reconsider may be made only by certain If the vote is 3-2, the motion fails for lack of a two-thirds majority. If members of the body. Accordingly, a motion to reconsider may be the vote is 4-J, the motion passes with a clear two-thirds majority. A made only by a member who voted in the majority on the original vote of three "yes," one "no" and one "abstain" also results in passage motion. If such a member has a change of heart, he or she may of the motion. Once again, the abstention is counted only for the make the motion to reconsider (any other member of the body purpose of determining quorum, but on the actual vote on the - including a member who voted in the minority on the original motion, it is as if the abstention vote never existed - so an effective motion - may second the motion). If a member who voted in the 3-1 vote is clearly a two-thirds majority vote. minority seeks to make the motion to reconsider, it must be ruled Now, change the scenario slightly. Assume the same five-member out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be city council voting on a motion that requires a two-thirds majority brought back to the body again and again, which would defeat the vote to pass, but now assume that the body DOES have a specific rule purpose of finality.
requiring a two-thirds vote of members "present." Under this specific rule, we must count the members present not only for quorum but If the motion to reconsider passes, then the original matter is back also for the motion. In this scenario, any abstention has the same before the body, and a new original motion is in order. The matter may force and effect as if it were a "no" vote. Accordingly, if the votes were be discussed and debated as if it were on the floor for the first time. three "yes," one "no" and one "abstain," then the motion fails. The abstention in this case is treated like a "no" vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
6 Courtesy and Decorum Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair, If the The rules of order are meant to create an atmosphere where the motion is seconded, and after debate, if it passes by a simple majority members of the body and the members of the public can attend to vote, then the ruling of the chair is deemed reversed business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain Call for orders of the day. This is simply another way of saying, common courtesy and decorum. Unless the setting is very informal, "return to the agenda." If a member believes that the body has drifted it is always best for only one person at a time to have the floor, and from the agreed-upon agenda, such a call may be made. It does not it is always best for every speaker to be first recognized by the chair require a vote, and when the chair discovers that the agenda has before proceeding to speak. not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the The chair should always ensure that debate and discussion of an chair's determination may be appealed.
agenda item focuses on the item and the policy in question, not the personalities of the members of the body: Debate on policy is healthy, Withdraw a motion. During debate and discussion of a motion, debate on personalities is not. The chair has the right to cut off the maker of the motion on the floor, at any time, may interrupt a discussion that is too personal, is too loud, or is too crude. speaker to withdraw his or her motion from the floor. The motion Debate and discussion should be focused, but free and open. In the is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the interest of time, the chair may, however, limit the time allotted to motion, and any other member may make the motion if properly speakers, including members of the body. recognized.
Can a member of the body interrupt the speaker? The general rule is "no." There are, however, exceptions. A speaker may be interrupted Special Notes About Public Input for the following reasons: The rules outlined above will help make meetings very public- Privilege. The proper interruption would be, "point of privilege." friendly. But in addition, and particularly for the chair, it is wise to 'The chair would then ask the interrupter to "state your point." remember three special rules that apply to cach agenda item:
Appropriate points of privilege relate to anything that would Rule One: Tell the public what the body will be doing. interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere Rule Two: Keep the public informed while the body is doing it. with a person's ability to hear. Rule Three: When the body has acted, tell the public what the Order. The proper interruption would be, "point of order." Again, body did. the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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STATE OF CALIFORNIA
Luisame AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Senate Bill No. 1100
CHAPTER 171
An act to add Section 54957.95 to the Government Code, relating to local government.
[Approved by Governor August 22, 2022. Filed with Secretary of State August 22, 2022.]
LEGISLATIVE COUNSEL'S DIGEST
SB 1100, Cortese. Open meetings: orderly conduct.
(1) Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as thos terms are defined, be open and public and that all persons be permitted te attend and participate. Existing law requires every agenda for regular public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body. Existing law authorizes the legislative body to adopt reasonable regulations to ensure that the intent of the provisions relating to this public comment requirement is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. Existing law authorizes the members of the legislative body conducting the meeting to order the meeting room cleared and continue in session, as prescribed, if a group or groups have willfully interrupted the orderly conduct of a meeting and order cannot be restored by the removal of individuals who are willfully interrupting the meeting.
This bill would authorize the presiding member of the legislative body conducting a meeting or their designee to remove, or cause the removal of, an individual for disrupting the meeting. The bill, except as provided, would require removal to be preceded by a warning to the individual by the presiding member of the legislative body or their designee that the individual's behavior is disrupting the meeting and that the individual's failure to cease their behavior may result in their removal. The bill would authorize the presiding member or their designee to then remove the individual if the individual does not promptly cease their disruptive behavior.
The bill would define "disrupting" for this purpose.
(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. 92 Ch. 171 -2-
(3) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares as follows:
(a) It is the intent of the Legislature to prescribe requirements for governing public meetings that are consistent with subdivision (c) of Section 54954.3 of the Government Code, which provides that a legislative body of a local agency shall not prohibit public criticism of the policies rocedures, programs, or services of the agency, or of the acts or omissions of the legislative body:
(b) It is further the intent of the Legislature to prescribe requirements for governing public meetings to protect civil liberties in accordance with the United States Constitution, the California Constitution, and relevant law. (c) It is further the intent of the Legislature to codify the authority and standards for governing public meetings in accordance with Acosta v. City of Costa Mesa, 718 F.3d 800, 811 (9th Cir. 2013), in which the court explained that an ordinance governing the decorum of a city council meeting is not facially overbroad if it only permits a presiding officer to eject an attendee for actually disturbing or impeding a meeting.
SEC. 2. Section 54957.95 is added to the Government Code, to read:
54957.95. (a) (1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting.
(2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b).
(b) As used in this section:
(1) "Disrupting" means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following:
(A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. 92 - 3 Ch. 171
(B) Engaging in behavior that constitutes use of force or a true threat of (2) "True threat of force" means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 54957.95 to the Government Code, imposes a limitation on the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act is necessary to give legislative bodies clear authorization to restore order to meetings in the event of actual disruptions that are disturbing, disrupting, impeding, or rendering infeasible the orderly conduct of the meeting and, thereby, preserve the rights of other members of the public at the meeting and allow the legislative body to continue its work on bebalf of the public.
The Legislature finds and declares that Section 2 of this act, which adds Section 54957.95 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as i relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California 'onstitution. the Legislature makes the following findings. his act is necessary to give legislative bodies clear authorization to restore order to meetings in the event of actual disruptions that are disturbing. disrupting, impeding, or rendering infeasible the orderly conduct of the neeting and, thereby, preserve the rights of other members of the public a he meeting and allow the legislative body to continue its work on behal of the public.
92