Calistoga City Council
May 18, 2022

Mayor
Chris Canning
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Gary Kraus
Donald Williams
AGENDA
City Council - Special Meeting Workshop
Wednesday, May 18, 2022 - 9:00 AM
Boys & Girls Club
Gymnasium
1401 N Oak Street
Calistoga, CA 94515

* Notice of Meeting Procedures *
ATTENDING THE MEETING IN PERSON:

This meeting will be conducted in person only. Members of the public may participate by attending inperson at the Boys & Girls Club Gymnasium located at 1401 N Oak Street, Calistoga, CA 94515.

Face masks are highly recommended.

PROVIDING ORAL COMMENTS:

Please participate in the meeting by providing public comment on any item on the agenda during consideration of that item, when the Mayor opens public comment. Each person’s comments will be limited to 3 Minutes. Public comment on non-agenda items is not part of a special meeting.

PROVIDING WRITTEN COMMENTS:

Please participate in the meeting by providing public comment on any item on the agenda via email.

Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. in the Subject Line and are requested to include the submitter’s full name.

Comments received by 3:00 p.m. the day before the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Written comments received after that time will be read aloud for a maximum of three minutes when the item is considered during the meeting, or as determined by the Chair. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read aloud.

Note: The methods of observing the meeting or providing public comments may be altered or the meeting may be cancelled, if needed. You may check on the status of the meeting by visiting the City website at www.ci.calistoga.ca.us for any updates.

The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus.

Page

1. CALL TO ORDER – ROLL CALL

2. ADOPTION OF MEETING AGENDA

3. GENERAL GOVERNMENT

3.1. Consideration of Civic Operating Agreements
Recommended Action: Provide direction
Staff Report - Civic Operating Agreements - Pdf
3 - 104

3.2. Annual Priority Projects and Budget
Recommended Action: Provide direction

4. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.

Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.

AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.

Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia. Esto les da suficiente tiempo antes de la junta para permitir que la ciudad tome medidas razonables.

POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on May 13, 2022 by 4:30 p.m.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Laura Snideman, City Manager
Meeting: City Council - Special Workshop - May 18 2022
Subject: Civic Operating Agreements
DESCRIPTION:

Consideration of Civic Operating Agreements
RECOMMENDATION:

Provide direction.

BACKGROUND/SUMMARY:

The City Council adopted agenda policies in 2021. City councils in most communities have a broader set of agreements that often cover such practices in addition to many other topics ranging from how they wish to interact with each other to communications with staff and more. Attached are examples from three other communities to provide a flavor of these types of agreements which are referred to as protocols, procedures, norms, agreements, or other similar descriptors.

Also attached is a draft document that you may wish to consider specifically for Calistoga. In addition to addressing a variety of new topics, it incorporates much of your 2021 agenda policy with a suggested modification to the policy for considering requests for agenda items and an addition regarding presentations. Those are highlighted in grey. A third section formally designating a spokesperson for the city is also highlighted. A facilitator will be available during the meeting to work with us on gathering your input regarding this draft. The goal is to return to a future regular city council meeting with an updated draft for adoption.

CEQA STATUS:

N/A
ATTACHMENT(S):

DRAFT #3 Calistoga Council Civic Operating Agreements 5.13.22 Sunnyvale 2021-Code-of-Ethics-and-Conduct
Rohnert Park City Council Protocols 03-24-2022 Final
Larkspur Resolution No. 03-08 Principles of Operation Exhibit A APPROVAL(S):

Marni Rittburg, City Clerk Approved - May 13 2022

1 DRAFT
City of Calistoga

CITY COUNCIL CIVIC OPERATING AGREEMENTS
Note: Index and Numbering will be completed when the document is in final draft form.

Section TABLE OF CONTENTS Page

1. AUTHORITY .......................................................................................

2. ROLE OF CITY COUNCIL .................................................................

2.1 Responsibilities

2.2 Considerations

2.3 Fiscal Authority

2.4 Civility

3. COUNCIL OFFICERS .......................................................................

3.1 Election of Council Officers

3.2 Role of Mayor and Vice Mayor

4. COUNCIL APPOINTMENTS ........................................

4.1 City Manager and City Attorney

4.2 Councilmember Appointments

4.3 Ad Hoc Committees

5. MEETINGS ...............................................................

5.1 Meeting Dates and Times

5.2 Closed Sessions

5.3 Special Meetings

5.4 Quorum

5.5 Teleconferencing

5.6 Adjournment

5.7 Minutes of Proceedings

5.8 Attendance

5.9 Recording of Meetings

5.10 Avoiding Brown Act Violations

6. AGENDA ..................................................................

6.1 Order of Business

6.2 Preparation of the Agenda

6.3 Agenda Materials

6.4 Agenda Posting

7. PUBLIC PARTICIPATION ...........................................

2 7.1 Safety and Order

7.2 Addressing the Council

7.3 Conduct of Speakers

7.4 Written Communications

8. PUBLIC HEARINGS ...................................................

8.1 Ex-Parte Communications

8.2 Procedures

8.3 Absence During Public Hearing

9. MEETING RULES OF CONDUCT ..................................

9.1 Presiding Officer

9.2 Actions Limited to Posted Agenda

9.3 Continuance of an Item

9.4 Standards of Decorum

9.5 Debate

10.ADMINISTRATIVE MATTERS ......................................

10.1 Correspondence

10.2 Communications with the Public

10.3 Relations with Staff

11.FAILURE TO OBSERVE CIVIC OPERATING AGREEMENTS ......................

12.AMENDMENT OR SUSPENSION OF THESE CIVIC OPERATING AGREEMENTS

12.1 Amendment of Operating Procedures

12.2 Suspension of Operating Procedures

3 1. AUTHORITY
The City Council has established these Civic Operating Agreements to provide for continuity of responsibility in the City Council’s decision-making process and to allow sufficient time and opportunity for full consideration and public discussion of important issues which the City Council must review and decide. Adopting Civic Operating Agreements that establish rules for matters such as the election of Council Officers (Mayor and Vice Mayor) and the manner of conducting City Council meetings facilitates these goals.

The following provisions will be in effect upon their adoption by the City Council and until such time as they are amended, or new provisions are adopted in the manner provided by these Civic Operating Agreements.

2. ROLE OF CITY COUNCIL
The City Council is the highest-level decision-making body for the City of Calistoga. In performing its duties, the Council represents all Calistoga citizens.

In executing its duties, the City Council examines a variety of considerations, such as the needs and desires of the community, financial, legal, health, environment, and safety impacts. The City Council welcomes new ideas and innovative approaches, as appropriate, and aims to provide frequent and clear communications and transparency on its activities and decision making. Furthermore, the members of the City Council treat each other, staff, and other parties with dignity and respect.

2.1 Responsibilities
The City Council’s responsibilities include following types of considerations:
a. Prior to making decisions, performs appropriate diligence in consideration of the topic; b. Communicates with residents as appropriate to receive comment from and provide information to residents.
c. Develops policies that guide the City Manager in her/his management of the City, taking into consideration the value of promoting efficiency and effectiveness in operations while maintaining a reasonable level of service;
d. Develops Calistoga’s annual goals for each calendar year, and monitors those annual and multi-year goals, reporting progress and achievement of those goals to the City at mid-year and year-end;
e. Reviews and revises as necessary, and approves the annual Operating and Capital Improvement Program budgets as prepared by the City Manager by July 1 of each calendar year;
f. Faithful application of Calistoga’s Approved General Plan and Municipal Code and enacts revisions to the General Plan and Municipal Code as needed; g. Reviews and approves/denies/revises Ordinances, Resolutions, community planning decisions and Minutes;
h. Recruits, hires, and/or terminates the City Manager as necessary, and conducts an annual City Manager performance review as set forth in Section 4.1; i. Recruits, hires, and/or terminates the City Attorney as necessary, and conducts an annual City Attorney performance review as set forth in Section 4.1;

2.2 Considerations

4 The Council considers any matter it deems relevant, material, and/or helpful in performing its duties, such as:
a. Consistency with the City Council’s annual and multi-year goals and priorities; b. Consistency with the Council’s projects as established at its annual workshop/budget process, subject to change by the full city council if new projects are proposed throughout the year;
c. Consistency with the Calistoga General Plan and Municipal Code and all applicable laws;
d. Comment provided by applicants, citizens, staff and other stakeholders on each issue; e. Availability of City funds if needed, and impact on the City’s financial health; f. Availability of required City resources, especially personnel; g. The City’s resilience and tolerance for risk, and the potential impacts of safety, environmental, commercial and operational activities.

2.3 Fiscal/Negotiating Authority
Only a quorum or more of the City Council, in a duly noticed meeting, may provide direction to the City Manager regarding budget, authorize expenditures, and approve agreements and contracts. No individual Councilmember, subcommittee or ad hoc committee shall have any authority to do any of the following on behalf of the City unless expressly granted that authority by the City Council:
a. expend (or authorize the expenditure of) funds, or
b. negotiate or approve the drafting or execution of agreements, contracts or Memorandums of Understanding.

2.4 Civility
City Councilmembers will conduct themselves in an appropriate, polite, respectful and civil manner when dealing with each other, staff and all parties. Except as otherwise set forth in these Civic Operating Agreements, City Council meetings will be governed by Rosenberg’s Rules of Order for the purpose of maintaining proper decorum and order during meetings.

3. COUNCIL OFFICERS

3.1 Election of Council Officers
The City Council is encouraged to rotate the office of Vice Mayor among the members of the Council according to their order of seniority of service on the City Council. In years when members of the City Council are to be elected to their seats during a general election, the City Council will attend to the election of a Vice Mayor for a one (1) year term at the first regular meeting after the certification of general election results has been received by the City and only after newly elected City Councilmembers have been installed. In years when no members of the City Council are to be elected, the City Council will consider the election of a Vice Mayor for a one (1) year term at the first regular meeting in December. An election of a Councilmember to fill a vacancy as Mayor or Vice Mayor occurring mid-term will be for the remaining portion of the one-year term for that office.

3.2 Role of Mayor and Vice Mayor
The Mayor will be recognized as the official head of the City for all ceremonial purposes. The Mayor presides over Council meetings and ensures sufficiently broad and in-depth communications on agenda items. The Vice Mayor will serve all functions of the Mayor when the Mayor is unable or unavailable to fulfill those functions.

5 4. COUNCIL APPOINTMENTS

4.1 City Manager and City Attorney
The City Council shall appoint the City Manager in accordance with Calistoga Municipal Code Section 2.08.010 and approve the employment contract and any amendments. The City Council will evaluate the City Manager’s performance annually and as part of each evaluation, the City Council and City Manager will agree upon goals and objectives for the City Manager’s performance for the following year.

The City Manager’s responsibilities are set forth in Calistoga Municipal Code Section 2.08.070, including without limitation:
a. managing the day-to-day operations of the City,
b. developing and presenting the annual budget,
c. executing the direction, goals and priorities adopted by and approved by the City Council,
d. has principal responsibility for all official communications from the City to the public, e. directs City staff in the performance of their duties, and f. other duties as assigned by the City Council during duly noticed meetings.

The City Council interacts with City staff only through the City Manager, unless otherwise authorized by the City Manager.

The City Council shall appoint and approve the contract for City Attorney Services and make any amendments and will review the City Attorney’s performance as needed. The Council and Councilmembers may interface with the City Attorney through the City Manager, and directly with the City Attorney on an as needed basis.

4.2 Councilmember Appointments
As soon as practicable following the annual reorganization meeting, the Mayor will announce the Mayor’s nominations of Councilmembers to represent the City on entities requiring a Council representative. The nominations will be noticed at a regular City Council meeting. At any time of the year, by a majority vote, the City Council may create additional commissions, committees, or other groups to advise the council after establishing the purview and desired outcome of the advisory body and identifying the necessary resources to support the newly created body.

4.3 Ad Hoc Committees
From time to time, the City Council may create Ad Hoc committees. These committees are temporary committees, generally 18 months or less, established by the Council to address a specific issue and bring a recommendation to the Council as a whole.

Ad Hoc committees generally automatically dissolve once the assigned project has been completed. Membership of an Ad Hoc committee is at the discretion of the Council and must contain less than a quorum of Councilmembers.

The Council will provide direction at the time of creation of Ad Hoc committees to identify the composition, scope of authority, duties, expected output, report-back schedule, term, staff liaison and budget (if any) of the Ad Hoc committee.

6 Councilmembers may also want to discuss methods for Ad Hoc committees to report back to the City Council on their progress. No Ad Hoc committee will operate outside the original scope of authority granted at its creation, except upon a formal vote of approval by the City Council during a duly noticed meeting.

5. MEETINGS
The City Council is subject to the Ralph M. Brown Act Open Meetings Law (“Brown Act”) (Government Code Section 54950 et seq). All meetings of the City Council are open to the public, except for Closed Sessions which are authorized to be held in private under the Brown Act.

To the extent possible, Councilmembers will contact the City Manager with questions about Council meeting items after reviewing the Agenda Packet and at least 24 hours in advance of the meeting, so she/he can prepare appropriate responses.

5.1 Meeting Dates and Times

5.1.1 Dates
Regular meetings will be held on the 1st and 3rd Tuesdays of each month (unless canceled by majority vote of the City Council or due to a lack of items for consideration or a quorum) or as set by calendar adopted by the City Council in January of each calendar year.

Special meetings or continued meetings may be called by the Mayor, City Manager. or a majority of the Council. If the meeting date should fall on a legal holiday, the Council may cancel the meeting or reschedule for an alternate date and time designated by the Council. All meetings of the City Council (except Closed Sessions) shall be open to the public.

5.1.2 Starting Time and Location
All Regular meetings will begin at 6:00 p.m. Meetings may be preceded or followed by Special meetings, including Closed Sessions.

5.1.3 Ending Time
Unless otherwise adjourned, all meetings of the City Council will automatically be adjourned at 8:30 p.m., except that a majority vote of the City Council may extend the automatic adjournment to 9:00 p.m. Adjournment of the meeting may be further postponed after 9:00 p.m. only by unanimous consent to adjourn not later than a specified time. More than one such unanimous postponement of adjournment may be adopted.

5.2 Closed Sessions
A Closed Session may be held before, during, or after any Regular or Special meeting for any purpose authorized by the Brown Act. It is a violation of the Brown Act and the City Council’s Civic Operating Agreements to disclose information obtained or presented in anticipation of or during a Closed Session, which shall be confidential. Public comment will be received in open session prior to a closed session.

5.3 Special Meetings
Special meetings may be called by the Mayor, a majority of the Councilmembers, the City Manager or the City Attorney. The call for a Special meeting must specify the day, hour, and place and the subject(s) to be considered. Twenty-four hours’ notice must be given prior to a

7 Special meeting, and the agenda for the Special meeting must be made available to members of the public consistent with the requirements of the Brown Act. Only matters specified in the notice may be discussed at Special meetings. The public will be given an opportunity to address the Council before or during consideration of any matter described in the notice for the Special meeting.

5.4 Quorum
A quorum of Councilmembers must exist for the City Council to conduct business. Three (3) members of the Council shall constitute a quorum. In the event a quorum is not in attendance within 30 minutes after the time noticed for commencement of the meeting, no meeting will be held on the noticed date, and the noticed meeting will adjourn to the next Regular meeting or to a later set date, at a time and place declared by the City Clerk.

5.5 Teleconferencing
Teleconferencing during City Council meetings will be permitted in accordance with the procedures set out in Government Code Section 54953(b), as amended. The teleconferencing location will be placed on the agenda and noticed and posted at the site at least 72 hours in advance of said meeting. The public is welcome to attend and participate in the meeting at the site.

5.6 Adjournment
The Council may adjourn any Regular, Adjourned Regular, Special or Adjourned Special meeting to a time and place specified in the order of adjournment. If all Councilmembers are absent from any Regular or Adjourned Regular meeting, the City Clerk may declare the meeting adjourned to a stated date, time and place. The City Clerk shall post a copy of the order or notice of adjournment at City offices and other places designated by the Council as required by law.

Whenever a Regular or Adjourned Regular meeting is adjourned as provided in this section, the resulting Adjourned Regular meeting is a Regular meeting for all purposes. When an Order of Adjournment of any meeting fails to state the hour at which the adjourned meeting will be held, it will be held at the hour specified for Regular meetings.

5.7 Minutes of Proceedings
Action minutes of all public proceedings of the City Council shall be recorded by the City Clerk and entered into City records as official meeting minutes following approval by the Council, and shall thereafter be kept, published, and or distributed in compliance with State law and applicable City policy.

5.8 Councilmember Attendance
Councilmembers are encouraged to inform the City Clerk when they are unable to attend an upcoming meeting.

5.9 Recording of Meetings
All Regular meetings of the City Council will, to the extent feasible, be recorded by electronic recording device and streamed live during the meeting. The recording will be made by the City Clerk and retained in accordance with the City’s records retention schedule. The City Clerk will post the electronic recording of meetings, as available, on the City’s website.

8 The use of other recording, videotaping or television equipment by members of the audience is permitted from the back row of the Council Chambers or side aisles against each wall of the Council Chambers, as designated by City staff, in a manner so as not to obstruct the view of the presenters and/or members of the public in attendance, or create consistent noise or illumination that would constitute a persistent disruption of the proceedings. The City Council may further restrict or prohibit the recording of proceedings upon a finding by the Council that the recording cannot continue without noise, illumination, or obstruction of view that constitutes a persistent disruption of the proceedings.

5.10 Avoiding Brown Act Violations
Relating to Meeting Attendance
Members of the Council shall comply fully with the requirements of the Brown Act, including those in Government Code Section 54952.2 to avoid potential violations relating to attendance at meetings such as conferences; meetings conducted by City staff/consultants; meetings presented by organizations other than the City; and meetings of other legislative bodies.

6. AGENDA

6.1 Order of Business
The business for a Regular meeting will generally be shown on the Agenda in the following order and may be modified by either the Mayor or City Manager when circumstances warrant a one-time change:

6.1.1 Call to Order/Roll Call/Salute the Flag

6.1.2 Report from Closed Session (if any)

6.1.3 Public Comments and Suggestions
This item is intended to permit the public an opportunity to advise the Council of items of interest in the community. The Council will consider brief comments from the audience on items that are not listed on the Agenda. The Council cannot discuss details or vote on issues raised that are not agenda items. Any concerns may be referred to staff or placed on a future agenda (as set forth in Section in 6.1.12).

6.1.4 Adoption of Meeting Agenda
The Council, by majority vote, will adopt the Agenda as final before proceeding to the consideration of the first matter. Following adoption, Agenda items may not be added or removed, or their order changed unless by consent of three (3) or more of the members of the Council present at the time the Agenda was adopted as final. An Agenda item not considered or completed for lack of time will become an Agenda item at the following meeting unless the item is expressly continued to another time.

6.1.5 City Manager’s Report
The City Manager will use this section of the Agenda to provide brief reports on activities undertaken in her/his official capacity since the last scheduled Council Meeting and other items of significant interest to the Calistoga community.

6.1.6 Proclamations/Presentations/Awards
These items include presentations by staff, community members, or organizations as well as recognition of individuals, groups and events of significance by proclamation,

9 award or other action of the City Council. These items are placed on the agenda by the City Manager, and may be placed on the agenda at the direction of the Mayor and/or a quorum of the City Council, and in the manner described in Section 6.1.12 below.

The Mayor or City Manager have discretion regarding scheduling of presentations, proclamations and awards. Presentations are limited to five (5) minutes, with an up to five (5) minute extension if requested in advance. Councilmembers may utilize up to an additional ten (10) minutes for questions. No single presentation, including questions will extend beyond a total of twenty (20) minutes. The City Clerk will be responsible for time management of presentations during the meeting.

6.1.7 Adoption of Consent Calenda
a. The Council may adopt a Consent Calendar as part of the regular meeting Agenda. A Consent Calendar consists of items of a non-controversial and/or routine nature submitted by the City Manager. The City Manager will propose specific action on each Consent Calendar item and her/his recommendation will become the action of the Council upon adoption of the Consent Calendar. Consent Calendar items are adopted in total and under one (1) motion by the Council and are not subject to individual debate and discussion.
b. Consideration of Consent Items Removed for Discussion Any member of the City Council may remove a Consent Agenda item therefrom for consideration and discussion by the Council. The removed item will be placed on the regular Agenda and recorded in the Minutes under “Consideration of Consent Items Removed for Discussion.”

6.1.8 Public Hearings
The Public Hearings section of the Agenda is for official public hearings required by law or for which a hearing would be in the public interest. See Section 8 for information about conducting a Public Hearing.

6.1.9 Ordinances, Resolutions and Requests for Action
Ordinances, Resolutions and Requests for Action subject to City Council approval usually will be placed in this section of the Agenda. Occasionally, Resolutions and the first reading of Ordinances are placed under Public Hearings. When this is the case, the Council will consider these matters where appropriate.

6.1.10 General Government
Items presented under this section may require direction from City Council for formal consideration of the items at a future City Council meeting. Items under this heading are not considered for action.

6.1.11 Study Sessions
No formal action may be taken by the City Council concerning any study session agenda item other than to agree to, or to direct staff to, present the item on the regular agenda of a subsequent meeting. Any request for an agenda item which does not specifically include a description of the action of the item desired will be calendared as a study session item. The City Council may, at its discretion, allow an item which has been mis calendared as a study session item to be moved to and heard on the regular agenda.

10 6.1.12 Council Requests and Ideas for Discussion/Process for Adding an Item to City Council Agenda
Any member of the City Council may request that a matter be placed on the agenda of the City Council by making a request to the City Manager or the City Council, indicating her/his desire to have that item placed on a future City Council agenda. The sponsoring Councilmember will briefly describe the subject sufficiently to inform the City Council and public of the nature of the request.

Should the Councilmember or City Manager seek the direction of the full city council, the City Council shall consider the request to place an item on a future agenda during a regular city council meeting and a majority of the city council members may vote to deny the request or to place the matter on a future agenda. Staff reports shall not be prepared on Council member requested items until City Council discussion has occurred and direction to take up the matter has been provided by the City Council.

No discussion of the subject or merits of the proposed agenda item may occur in connection with the request to add an item to the agenda, except to explain the general nature of the item. Future agenda items will be placed on an agenda as soon as reasonably feasible as determined by the City Manager in consultation with the Mayor.

Any member of the public may request during public comment or by prior correspondence with a Council Member, that the City Council consider an item on a future agenda. Any individual City Council member may then follow the procedures set forth above if the City Council desires to consider the request.

6.2 Preparation of the Agenda
The City Manager and City Clerk, in consultation with the Mayor as necessary, will prepare the City Council meeting Agenda, sequence of Agenda items and other procedural matters. Except as set forth in Section 6.1.4, this provision does not empower a Mayor to add any item to the Agenda without complying with the process described in Section 6.1.12. Items proposed for inclusion on the Agenda by anyone other than the City Manager or the City Council pursuant to Section 6.1.12 must be submitted to the City Manager and City Clerk in writing eleven (11) days preceding the regular meeting for consideration.

6.3 Agenda Materials
A staff report will be prepared for each Agenda item except in unusual circumstances or unless otherwise directed by the City Council. Attached to the staff report will be documents received by or developed by staff that are pertinent to the staff report.

Members of the public and other interested parties (i.e., developers) may submit documents related to an Agenda item to the City Clerk. Such documents will be included in the Agenda materials if they are received in time for inclusion in the packet.

Councilmembers will refrain from attempting to submit documents (or having relatives or other parties with potential and/or perceived conflicts of interest submit documents) to the City Clerk or City Manager for inclusion in the Agenda packet.

To facilitate the efficient progression of the City Council through the Agenda, and to maintain a clear distinction between Staff presentations and recommendations and individual Councilmember

11 opinions, during the staff presentation of a staff report Councilmembers will not utilize the City’s technological infrastructure to broadcast or present materials on a display screen to either the City Council or the public except during the discussion period for an agenda item.

Late correspondence pertaining to an agenda item received after the Agenda packet has been distributed, but before 5:00 p.m. on Council meeting day, will be copied and presented to the Council and the public at the meeting, if practicable.

Councilmembers will refrain from circulating or causing to be circulated to more than one (1) other Councilmember any written or recorded information relating to any agenda item before that agenda item is publicly heard at a Council meeting, though such information may be distributed during the discussion period for such item.

The only exception to this rule is for communications received by a Councilmember from residents not serving on the City Council, which may be forwarded to the City Clerk (without amendment) for circulation to the rest of the City Council. For clarity, this prohibition also precludes City Councilmembers from drafting and submitting communications regarding an agenda item to the City Clerk or City Manager for inclusion in the Agenda packet for a meeting at which the Councilmember will be absent.

Copies of materials distributed by City staff and others at the meeting will be made available to members of the public as soon as practicable. Changes and additions to staff reports and correspondence received will be provided to Councilmembers before the meeting, when possible, and made available to the public at the meeting, when possible.

6.4 Agenda Posting
The City Clerk will post the Agenda and Agenda Materials at least 72 hours before a Regular meeting and at least 24 hours before a Special meeting in the following locations, which are freely accessible to members of the public: Calistoga City offices and Calistoga Library and posted on the City’s website. At the meeting, a public copy will be available for review.

The Agenda will be delivered, no later than the Friday preceding each Regular meeting, to the Mayor and other Councilmembers and made available to members of the public consistent with the requirements of the Brown Act. The Agenda shall specify the time and location of the meeting and contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.

7. PUBLIC PARTICIPATION

7.1 Safety and Order
When the City Council is in session, all persons present must preserve safety and order and should conduct themselves in a civil manner. Members of the public should sit in the audience seating area, unless addressing the Council or entering or leaving the Council Chambers, should not block the aisles with personal belongings, and should silence audible equipment when in the Council Chambers (including cellular telephones). Members of the public may not enter the open area directly in front of the dais or speak from the audience except when testifying on or participating in an Agenda item.

The audience will conduct themselves with civility and courtesy toward the Council, Staff and other members of the public, and refrain from conduct which is disruptive to the meeting through deed or

12 comment. Disruptions include, although are not limited to, speaking without being recognized by the Presiding Officer, clapping, booing, cheering, jeering, interrupting a speaker with the floor, yelling, physically assaulting another person (or threatening to do so), inciting others to disruptive conduct, and blocking the audience or camera view of the proceedings.

Any person who disrupts the meeting will be called to order by the Presiding Officer. If disruptive conduct continues, the Presiding Officer may request 1) restraint and civil behavior from all members of the public; 2) a short break in the proceedings; or 3) if the member of the public continues to disrupt the proceedings, the removal of the disruptive person from Council Chambers by the Sergeant at Arms.

7.2 Addressing the Council
Only persons who have been recognized and granted permission by the Presiding Officer or a majority of the quorum may address the Council.

A person addressing the Council will be asked, but is not required, to complete a form (a speaker card to the City Clerk) providing her/his name and city of residence in writing as well as stating so orally for the record during their presentation. Each person addressing the Council will do so from the podium, speaking into the microphone for the record. When speaking from the podium on an Agenda item, members of the public will address only the Council, and not the audience or staff. A Councilmember, through and at the discretion of the Presiding Officer, may request staff to answer questions or address issues raised during public comment.

7.2.1 Public Comments
During the “Public Comments and Suggestions” portion of the meeting, any person may address the Council on an item not on the agenda. Public comment will be allowed during each item on the agenda.

7.2.2 Council Questions
Following the remarks of each speaker upon an agenda item, Councilmembers, through and at the discretion of the Presiding Officer, will have the opportunity to question the speaker.

However, the Council will not comment or question a speaker about an item that is not on the Agenda.

7.2.3 Limits
Public participants are encouraged to limit their comments to three (3) minutes. The Presiding Officer may impose strict time limits (including reduced time limits) on persons addressing the Council when appropriate and in the spirit of permitting all present an opportunity to address the Council. In the event a public participant desires to make a presentation which exceeds three (3) minutes, any such speaker must make a formal request in writing to the City Manager prior to the day of the City Council meeting at which the public participant desires to speak.

Whenever any group of persons wishes to address the Council on the same subject matter, the Mayor will have the right to request each such group or each faction of such group to choose a spokesperson to avoid unnecessary repetition. If any such group refuses to choose a spokesperson, the Mayor may limit the total time for public comment on any agenda item to assure that the Council can conclude posted agenda items.

13 The Presiding Officer will then determine at the time of the City Council meeting how much additional time will be allotted for such presentations and speakers, if any, depending upon the number of requests and number of persons desiring to speak at a meeting.

7.3 Conduct of Speakers
Statements by a member of the public will be related to the Agenda item at hand, except during the Public Comments and Suggestions segment of the meeting. No person will use loud, profane, threatening, or personally abusive language, or engage in any other disorderly conduct to disrupt, disturb, or otherwise impede the orderly conduct of any Council meeting.

Persons who violate this rule may be barred from attendance for the remainder of the Council meeting, provided that the Presiding Officer has notified the person to conduct herself/himself in a manner consistent with this provision, and warned the person that she/he will be removed if she/he continues to disrupt the Council meeting. If after notification and warning the person persists in disrupting the meeting the Presiding Officer will order the person to leave the Council meeting. If the person does not remove herself/himself, the Presiding Officer may request any law enforcement officer who is on duty at the meeting to remove that person from the Council Chamber.

7.4 Written Communications
The Council will consider any written communication submitted to the City Manager and/or Mayor at least 24 hours prior to the meeting. Correspondence received sufficiently in advance of a meeting, including communications relating to a specific matter on a Council agenda, will be handled as described in Section 6.3.

8. PUBLIC HEARINGS

8.1 Ex Parte Communications
When a Public Hearing is required for an Agenda item, the Presiding Officer will first ask Councilmembers to disclose on the record material communication (e.g., email, other written correspondence, conversations, and site visits) occurring outside the hearing that relate to the subject of the hearing. Councilmembers will identify with whom she/he had such communications and the general nature of the communication and if a site visit was conducted.

8.2 Procedures
Presentations at public hearings will be in the following order:

8.2.1 Item announced by Presiding Officer and Presiding Officer requests regarding Ex Parte Communications.

8.2.2 Presiding Officer reviews order of procedure for public hearing.

8.2.3 Staff summarizes issue before City Council.

8.2.4 Council asks questions of staff for the purpose of eliciting information relevant or useful to the City Council’s determination of the item at hand.

8.2.5 Presiding Officer opens the Public Hearing
The purpose of this portion of the public hearing is to provide an opportunity for persons interested in the subject of the hearing to testify in support of or opposition to the matter being heard. The order of testimony will be as follows:
a) Applicant, and/or appellant, where appropriate, presents arguments in favor of application or appeal.
b) Statements from persons desiring to speak in support of or opposition to the application or appeal.
c) Applicant and/or appellant offers concluding remarks.

14 d) Questions from the City Council to applicant and/or appellant, and questions from the Council (where appropriate) to the opponent(s) to the application or appeal.
e) Subject to the discretion of the Presiding Officer, the Councilmembers may ask questions of speakers for clarification during the public testimony portion and during deliberations.

8.2.6 Presiding Officer Closes Public Hearing
Following the public portion of the hearing, the Presiding Officer will declare the public portion of the meeting closed.

8.2.7 Council Deliberates
After the Presiding Officer has closed the public comment period of the meeting for that agenda item, the matter will be taken up by the City Council. Each Councilmember will be given an opportunity to speak to the subject. When the Council discussion is concluded, the Council will make its decision.

8.2.8 Council Action by Continuation or Decision
Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice. When the Council discussion is concluded, the Council will make its decision and vote on the item making findings of fact as required by law.

8.3 Absence During a Public Hearing
A Councilmember otherwise qualified to vote may not vote on a matter if the Councilmember was absent from all or part of the public hearing on the matter, unless the Councilmember conducts the following actions, and announces the action for the record:
a. reviews the minutes and the staff report or listens to the audiotape of the entire portion of the hearing he/she missed, if the minutes are not available, and b. reviews all physical and written evidence introduced at the hearing before the meeting at which the decision is to be rendered.

9. ADDITIONAL MEETING RULES OF CONDUCT

9.1 Presiding Officer
The Mayor, or Vice Mayor if the Mayor is absent or unavailable, will act as the Presiding Officer and will preside and call the meeting to order at the hour appointed. In the absence of the Mayor and Vice Mayor, the meeting will be called to order by the City Clerk and those Councilmembers present will proceed to elect a temporary Presiding Officer. The Presiding Officer may move, second, and debate from the Chair, and will not be deprived of any rights and privileges of a Councilmember. The Presiding Officer is responsible for maintaining order during the meeting and for facilitating efficient progression through the agenda by avoiding repetitive debate or the presentation of irrelevant matter.

9.2 Actions Limited to Posted Agenda
The City Council shall only act on an item appearing on the posted Agenda except when there is an emergency, there is a need for immediate action, or the item was posted for a prior meeting less than five (5) days before and was continued, as prescribed more fully in Government Code Section 54954.2.

9.3 Continuance of an Item
An Agenda item may be continued by the City Council by a majority vote.

15 9.4 Standards of Decorum
When an Agenda item is addressed, the Presiding Officer will first ask for a staff presentation. Next, the Presiding Officer will ask for clarifying questions from the Council of staff for the purpose of eliciting information relevant or useful to the City Council’s determination of the item at hand. After that, the Council will receive public comment. After public comment, the Presiding Officer will close the public comment portion and open the item for discussion by the Council.

The following additional standards of decorum will apply during every meeting:

9.4.1 Council
While the Council is in session, Councilmembers will preserve order and decorum, and a member will neither (by conversation or otherwise) delay or interrupt the proceedings or the peace of the Council, nor disturb a member while speaking, or refuse to obey the orders of the Presiding Officer.

9.4.2 Use of Electronic Devices
While the Council is in session, to satisfy due process requirements, Councilmembers will give their full attention to the proceedings. Councilmembers are permitted to use laptop computers and other electronic devices such as iPads while Council is in session. However, electronic devices may not be used while Council is in session to access the internet or to communicate with residents, staff or other Councilmembers regarding any item on the agenda for that meeting.

9.5 Debate

9.5.1 Right to the Floor
Every Councilmember desiring to speak on an agenda item will refrain from doing so until he/she gains recognition by the Presiding Officer and is given the floor, at which time he/she will confine himself/herself to the question under debate. The Presiding Officer will have the discretion, unless overruled by a majority vote of the City Council present at the meeting, to terminate a Councilmember’s right to the floor upon the Presiding Officer’s determination that doing so is reasonably necessary to enforce the Civic Operating Agreements set forth herein.

9.5.2 Interruptions
A Councilmember, once recognized, will not be interrupted when speaking except to be called to order by the Presiding Officer, unless a point of order has been raised by another Councilmember or unless the speaker chooses to yield to a question by another Councilmember. If a Councilmember, while speaking, is called to order, the Councilmember will cease speaking until the question of order is determined. If determined to be in order, the Councilmember will be permitted to proceed.

9.5.3 Points of Order
The Presiding Officer will determine all points of order subject to the right of any Councilmember to appeal to the Council. If an appeal is taken, the question will be, “Will the decision of the Presiding Officer be sustained?” A majority vote of the Council conclusively determines the question of order.

9.5.4 Result of a Vote

16 The Presiding Officer will announce the result of the vote. A roll call vote will be taken upon the request of any Councilmember or as legally required. No action shall be taken by secret ballot.

9.5.5 Appeals
Any ruling of the Presiding Officer may be appealed at the request of a Councilmember. The Presiding Officer will call for a roll call vote to determine if the ruling is upheld.

9.5.6 Precedence of Motions
When a motion is before the Council, no other motion will be entertained except:
a) Motion to Amend
A motion to amend, which modifies the original motion, is in order but is debatable only if it has been accepted by both the maker and seconder of the motion.

Amendments are voted on first, and the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There will only be one (1) amending motion on the floor at any one time. b) Substitute Motions
A substitute motion is for the purpose of taking out the main motion altogether and replacing it with a new and different motion. A substitute motion must be voted on before an amendment of the main motion. If the substitute motion is adopted the main motion dies and so does any amendment of the main motion. c) Motion to Postpone
A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. A motion to postpone a public hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the Agenda item will be carried forward by the City Clerk. d) Motion to Table
A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time. If the agenda has been adopted, the motion to table should include a motion to amend the meeting agenda.

If a motion to table passes, consideration of the matter during the same meeting may be resumed only upon the motion of a member voting with the majority on the motion to table.
e) Motion to Close Debate
When a motion to close debate is made and seconded, there will be no further debate except on whether to close debate. If the question carries, the Presiding Officer will put pending amendments to a vote without debate in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the Council.

9.5.7 Motions Not Subject to Debate
All motions are debatable except for the following, which will be put to an immediate vote:
a) Motion to adjourn, which requires a simple majority. b) Motion to recess, which requires a simple majority.
c) Motion to table, which requires a simple majority.
d) Motion to limit debate (“I move the question” or “I move to limit debate of this item to __ minutes”).

9.5.8 Reconsideration

17 Providing that no intervening rights will be prejudiced, a Councilmember who voted with the majority on that question may move the reconsideration of that question at the same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration is acted upon, no other similar motion regarding the same matter at the same meeting may succeed without unanimous consent.

9.5.9 Conflict of Interest and Bias
A conflict of interest or even the appearance of a conflict of interest can diminish the public’s confidence in the integrity of the governmental process. Therefore, a Councilmember who has a conflict of interest under the Political Reform Act or Government Code §1090 et seq., may not participate in the Agenda item causing the conflict, unless an exception to the conflict exists which allows participation. Councilmembers should contact the City Attorney for advice if a potential conflict of interest may exist, or if there is a question as to whether their participation in a particular agenda item is appropriate.

9.5.10 Protests
Following the success of a motion carried by the majority of the City Council, a dissenting Councilmember will have the right to enter into the public record any additional reasons for dissent or protests the motion which the Councilmember was precluded from articulating during debate on the motion. The Presiding Officer has the discretion to limit a Councilmember’s entry into the public record of reasons for dissent or protests any motion carried by the majority when reasonably necessary to facilitate the efficient progression through the Agenda by avoiding unnecessarily cumulative or repetitive statements or the presentation of irrelevant matter.

9.5.11 Voting
At least three (3) affirmative votes are required to enact an Ordinance, adopt a Resolution, approve a motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt, amend these Civic Operating Agreements, or place a new matter on a future agenda. The majority of the quorum present at a meeting is required to adopt other motions, except as otherwise indicated herein. A "majority" refers to a majority of the quorum present.

Every Ordinance will be adopted by a roll call vote. All other matters may be referred to a voice vote unless a roll call is requested by a member of the Council or is required by law. On all matters for which a voice vote is authorized, the Presiding Officer may ask for "all those in favor?", or words of similar import. The Presiding Officer will then request for “all those opposed?" The Presiding Officer will report out the results of the vote, and the name of those Councilmembers who opposed the item.

If a Councilmember objects to the procedure, a roll call vote will be called in the normal manner and the ayes and noes recorded in the minutes.

9.5.12 Division of the Question
If a matter properly put before the Council contains two (2) or more separable propositions, any Councilmember may, with the consent of one other member of the Council, divide the question into its separable parts for consideration. Separable propositions will mean two separate questions or issues which if acted on together might create ambiguity as to the effect of the vote, and which if acted on separately, contain two or more separate issues or questions.

10. ADMINISTRATIVE MATTERS

10.1 Correspondence

18 10.1.1 Electronic Correspondence
Councilmembers will use accounts issued to them by the City for all email correspondence regarding City business. Councilmembers will not use accounts issued to them by the City for personal correspondence. Councilmembers may elect to forward (without editorialization) copies of emails they receive from non-Councilmember residents to the City Clerk, who will include such emails in the staff reports for relevant Agenda items as set forth in Section 6.3.

10.1.2 Other Correspondence
Written correspondence received by a Councilmember at the City offices by postal service, personal delivery, and messenger service will be opened by staff and handled consistent with the City of Calistoga Records Retention Program, which may require the City to retain a copy. Councilmembers may elect to forward copies of written correspondence they receive to the City Clerk, who will include such correspondence in the staff reports for relevant Agenda items.

10.2 Communications with the Public
The Mayor is the primary spokesperson for the City and City Council. When the Mayor is unavailable, the City Manager and/or the Vice Mayor assume spokesperson duties. In addition, individual councilmembers will be clear in their communications with members of the public and the media when the opinions and positions they convey are their own individual positions, and must clearly state whether they have been authorized by the Mayor or Council to speak for the Council on any topic of discussion.

In addition to the above, the City Council recognizes that there are inherent risks associated with the wide dissemination of information posted on social media platforms (e.g., Facebook, Nextdoor, and Twitter, etc...) and that Councilmembers have no ability to ensure their posts on social media platforms are understood by everyone in the way they were originally intended to be understood.

Given these dangers, Councilmembers are encouraged to limit their posts on social media platforms regarding issues that may come before the City Council to providing relevant logistics or factual information pertaining to such issues.

10.3 Relations with Staff
As required by MMC 2.08.080, Councilmembers of the City Council shall deal with employees of the City only through the City Manager, except otherwise permitted by the City Manager. The City Manager shall take her/his orders and instructions from the Council as a body only when the Council is sitting in a duly convened meeting, and no individual Councilmember shall give any orders or instructions to the City Manager outside of a City Council meeting, without approval of the City Council. Neither the Council as a whole, nor an individual Councilmember, shall give orders or instructions to subordinates of the City Manager.

11. FAILURE TO OBSERVE CIVIC OPERATING AGREEMENTS
These Civic Operating Agreements govern the conduct of City Councilmembers and the conduct of meetings. These Civic Operating Agreements are intended to expedite the transaction of the business of the City Council and are deemed to be procedural only. Failure to strictly observe these Civic Operating Agreements will not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.

The Chief of Police or such member or members of the Police Department as he or she may designate, will be Sergeant-At-Arms of the City Council and will carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council

19 meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council will require him or her to do so.

12. AMENDMENT OR SUSPENSION OF THESE CIVIC OPERATING AGREEMENTS

12.1 Amendment of Civic Operating Agreements
These Civic Operating Agreements may be amended by an affirmative vote of at least three (3) City Councilmembers except as follows:

Where a provision of these Civic Operating Agreements requires action by a specific affirmative vote which is greater than three (3) City Councilmembers, then an amendment to that provision requires the same vote required for that provision.

12.2 Suspension of Civic Operating Agreements
Any provision of these Civic Operating Agreements not required by State law, or the Calistoga Municipal Code may be suspended by a vote of at least three (3) City Councilmembers.

City of Sunnyvale
2021 Code of Ethics and Conduct for
Elected and Appointed Officials
"Conduct is three-fourths of our life and its largest concern." -- Matthew Arnold

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

Table of Contents
Title Page No.

A. Ethics 3
B. Conduct 5

1. Elected and Appointed Officials’ Conduct with One Another 5

2. Elected and Appointed Officials’ Conduct with City Staff 7

3. Elected and Appointed Officials’ Conduct with the Public 10

4. Council Conduct with Other Public Agencies 12

5. Council Conduct with Boards and Commissions 12

6. Conduct with the Media 13
C. Sanctions 14
D. Principles of Proper Conduct 16
E. Checklist for Monitoring Conduct 17
F. Glossary of Terms 17
G. Implementation 17
APPENDIX A - Model of Excellence Member Statement 19

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

Policy Purpose
The Sunnyvale City Council has adopted a Code of Ethics and Conduct for members of the City Council and the City’s boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation.

A. ETHICS
The citizens and businesses of Sunnyvale are entitled to have fair, ethical and accountable local government which has earned the public’s full confidence for integrity. In keeping with the City of Sunnyvale Commitment to Excellence, the effective functioning of democratic government therefore requires that:
 public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government;
 public officials be independent, impartial and fair in their judgment and actions;  public office be used for the public good, not for personal gain; and  public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

To this end, the Sunnyvale City Council has adopted a Code of Ethics and Conduct for members of the City Council and of the City’s boards and commissions to assure public confidence in the integrity of local government and its effective and fair operation. The Ethics section of the City’s Code of Ethics and Conduct provides guidance on ethical issues and questions of right and wrong.

1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Sunnyvale and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Sunnyvale City Council, boards and commissions.

2. Comply with both the spirit and the letter of the Law and City Policy. Members shall comply with the laws of the nation, the State of California and the City of Sunnyvale in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Sunnyvale City Charter; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.

3. Conduct of Members. The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, boards and commissions, the staff or public.

4. Respect for Process. Members shall perform their duties in accordance with the processes and rules of order established by the City Council and board and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council by City staff.

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

5. Conduct of Public Meetings. Members 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 the business of the body; or otherwise interfering with the orderly conduct of meetings.

6. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

7. Communication. Members shall publicly disclose substantive information that is relevant to a matter under consideration by the Council or boards and commissions, which they may have received from sources outside of the public decision-making process.

8. Conflict of Interest. In order to assure their independence and impartiality on behalf of the common good, members 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.

In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision-making where conflicts may exist.

9. Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office, that are 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.

10. Confidential Information. Members 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 interests.

11. Use of Public Resources. Members shall not use public resources not available to the public in general, such as City staff time, equipment, supplies or facilities, for private gain or personal purposes.

12. Representation of Private Interests. In keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests of third parties before the Council or any board, commission or proceeding of the City, nor shall members of boards and commissions appear before their own bodies or before the Council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.

13. Advocacy. Members shall represent the official policies or positions of the City Council, board or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Sunnyvale, nor will they allow the inference that they do.

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

Councilmembers and board and commission members have the right to endorse candidates for all Council seats or other elected offices. It is inappropriate to mention or display endorsements during Council meetings, board/commission meetings, or other official City meetings.

14. Policy Role of Members. Members shall respect and adhere to the council-manager structure of Sunnyvale City government as outlined by the Sunnyvale City Charter. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards and commissions, and City staff. Except as provided by the City Charter, members therefore shall not interfere with the administrative functions of the City or the professional duties of City staff; nor shall they impair the ability of staff to implement Council policy decisions.

15. Independence of boards and commissions. Because of the value of the independent advice of boards and commissions to the public decision-making process, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings.

16. Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for City employees and for citizens and businesses dealing with the City. Members shall recognize their special role in dealings with City employees to in no way create the perception of inappropriate direction to staff.

B. CONDUCT
The Conduct section of the City’s Code of Ethics and Conduct is designed to describe the manner in which Councilmembers and board and commission members should treat one another, City staff, constituents, and others they come into contact with in representing the City of Sunnyvale. It reflects the work of a Council Policy and Protocol Subcommittee that was charged with defining more clearly the behavior, manners, and courtesies that are suitable for various occasions. The Subcommittee also considered a wide variety of policy changes and clarifications designed to make public meetings and the process of governance run more smoothly.

The constant and consistent theme through all of the conduct guidelines is "respect." Councilmembers experience huge workloads and tremendous stress in making decisions that could impact thousands of lives. Despite these pressures, elected and appointed officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual through words and actions is the touchstone that can help guide Councilmembers and board and commission members to do the right thing in even the most difficult situations.

1. Elected and Appointed Officials’ Conduct with One Another "In life, courtesy and self-possession, and in the arts, style, are the sensible impressions of the free mind, for both arise out of a deliberate shaping of all things and from never being swept away, whatever the emotion, into confusion or dullness."
-- William Butler Yeats

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

Elected and appointed officials are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may "agree to disagree" on contentious issues.
1(a). In Public Meetings
Use formal titles
Elected and appointed officials should refer to one another formally during public meetings, such as Mayor, Vice Mayor, Chair, Commissioner or Councilmember followed by the individual’s last name.

Practice civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated.

Honor the role of the chair in maintaining order
It is the responsibility of the chair to keep the comments of members on track during public meetings.

Members should honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.

Avoid personal comments that could offend other members If a member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a "point of personal privilege" that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion.

Demonstrate effective problem-solving approaches
Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole.

Outside of official board or commission meetings, individual board and commission members are not authorized to represent the City or their board or commission unless specifically designated by the Council or the board or commission to do so for a particular purpose. In private settings, board and commission members may communicate at any time and on any subject with individual members of the City Council, and may express to them individual viewpoints and opinions. In public, however, all members shall represent the official policies or positions of their board or commission, with the following exception. During a Council public hearing on any item addressed by the board or commission, any member may speak under standard time limits, but shall indicate whether their testimony represents an official position (majority opinion) or a minority opinion of the board/commission to which they belong. The chair shall represent the majority view of the board or commission, but may report on any minority views as well, including his or her own. When an official

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

board or commission position differs from staff’s recommendation on a particular policy issue, then at the Mayor’s discretion additional time may be provided to the chair of the board or commission (or his/her designee) to explain the position of the board/commission or to rebut statements made by staff or the public. If new information is brought to light during a public hearing which was not shared previously with the board or commission, the Mayor may allow the board or commission chair to respond. If the Council deems the new information sufficient to warrant additional study, then by majority vote Council may remand the issue back to the board or commission for further study prior to taking other action itself.

Individual opinions and positions may be expressed by board and commission members regarding items that have not come before the particular board/commission to which they belong. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the City of Sunnyvale, nor will they allow the inference that they do.

Although a board or commission may disagree with the final decision the Council makes, the board or commission shall not act in any manner contrary to the established policy adopted by the Council. 1(b). In Private Encounters
Continue respectful behavior in private
The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations.

Be aware of the insecurity of written notes, voicemail messages, and E-mail Technology allows words written or said without much forethought to be distributed wide and far.

Would you feel comfortable to have this note faxed to others? How would you feel if this voicemail message were played on a speaker phone in a full office? What would happen if this E-mail message were forwarded to others? Written notes, voicemail messages and e-mail should be treated as potentially "public" communication.

Even private conversations can have a public presence
Elected and appointed officials are always on display – their actions, mannerisms, and language are monitored by people around them that they may not know. Lunch table conversations will be eavesdropped upon, parking lot debates will be watched, and casual comments between individuals before and after public meetings noted.

In private, board and commission members may communicate at any time and on any subject with the City Council, and may express to Council individual viewpoints and opinions.

2. Elected and Appointed Officials’ Conduct with City Staff "Never let a problem become an excuse."
-- Robert Schuller
Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected, and City staff who implements and administers the Council’s

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.

Treat all staff as professionals
Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior towards staff is not acceptable.

Member questions/inquiries to City staff

1. General. Council and board/commission communications with City staff should be limited to normal City business hours unless the circumstances warrant otherwise. Responses to Council questions posed outside of normal business hours should be expected no earlier than the next business day.

2. Routine Requests for Information and Inquiries. Members may contact staff directly for information made readily available to the general public on a regular basis (e.g., “What are the library’s hours of operation?” or “How does one reserve a tee time at the golf course?”). Under these circumstances staff shall treat the member no differently than they would the general public, and the member shall not use their elected status to secure preferential treatment. The city manager does not need to be advised of such contacts.

3. Non-Routine Requests for Readily Available Information. Members may also contact staff directly for easily retrievable information not routinely requested by the general public so long as it does not require staff to discuss the issue or express an opinion (e.g., “How many traffic lights are there in the City?” or “Under what circumstances does the City lower its flags to half mast?”).

4. Non-Routine Requests Requiring Special Effort. Any member request or inquiry that requires staff to compile information that is not readily available or easily retrievable and/or that requests staff to express an opinion (legal or otherwise) must be directed to the city manager, or to the city attorney, as appropriate (e.g., “How many Study Issues completed over the past five years have required 500 or more hours of staff time?”, or “What is the logic behind the City’s sign ordinances affecting businesses along El Camino Real?”). The city manager (or city attorney as appropriate) shall be responsible for distributing such requests to his/her staff for follow-up. Responses to such requests shall be copied to all Councilmembers (if originating from a Councilmember), relevant board or commission members (if originating from a board or commission member), the city manager, the city attorney as appropriate and affected department directors.

5. Meeting Requests. Any member request for a meeting with staff must be directed to the city manager or city attorney, as appropriate.

6. Public Safety Restrictions. Under certain circumstances, requests for information regarding operations or personnel of the Department of Public Safety may be legally restricted. Applicable statutes include: The Peace Officers’ Procedural Bill of Rights (California Government Code Section 3300, et seq.), Confidentiality of Peace Officer Records (California Penal Code Section 832.5-7), and a number of exceptions to the California Public Records Act, defined in Government Code Section 6254. Providing information in response to such requests could violate the law, and might also violate due process rights that have been defined for peace officers in the State of

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

California. Accordingly, it shall be the policy of the City of Sunnyvale to strictly comply with all applicable legal authorities governing the release of Department of Public Safety information and records.

Do not disrupt City staff from their jobs
Elected and appointed officials should not disrupt City staff while they are in meetings, on the phone, or engrossed in performing their job functions in order to have their individual needs met. Do not attend City staff meetings unless requested by staff – even if the elected or appointed official does not say anything, his or her presence implies support, shows partiality, intimidates staff, and hampers staff’s ability to do their job objectively.

Never publicly criticize an individual employee
Elected and appointed officials should never express concerns about the performance of a City employee in public, to the employee directly, or to the employee’s manager. Comments about staff performance should only be made to the city manager through private correspondence or conversation. Comments about staff in the office of the city attorney should be made directly to the city attorney. Appointed officials should make their comments regarding staff to the city manager or the Mayor.

Do not get involved in administrative functions
Elected and appointed officials must not attempt to influence City staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits. [See Code of Ethics] The Sunnyvale City Charter, Section 807, also contains information about the prohibition of Council interference in administrative functions.

Check with City staff on correspondence before taking action Before sending correspondence, Councilmembers should check with City staff to see if an official City response has already been sent or is in progress. Board and commission members shall not send correspondence except as authorized under the City’s policies governing volunteers. (Council Policy

7.2.19, Boards and Commissions.)
Limit requests for staff support
Routine secretarial support will be provided to all Councilmembers. The Council Executive Assistant opens all mail for Councilmembers, unless a Councilmember requests other arrangements. Mail addressed to the Mayor is reviewed first by the city manager who notes suggested action and/or follow-up items.

Requests for additional staff support – even in high priority or emergency situations – should be made to the city manager who is responsible for allocating City resources in order to maintain a professional, well-run City government.

Do not solicit political support from staff
Elected and appointed officials should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff. City staff may, as private

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace.

3. Elected and Appointed Officials’ Conduct with the Public "If a man be gracious and courteous to strangers, it shows he is a citizen of the world, and that his heart is no island cut off from other lands, but a continent that joins to them." -- Francis Bacon
3(a). In Public Meetings
Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony.

Be welcoming to speakers and treat them with care and gentleness. While questions of clarification may be asked, the official’s primary role during public testimony is to listen. "I give many public presentations so standing up in front of a group and using a microphone is not new to me. But I found that speaking in front of Council was an entirely different experience. I was incredibly nervous and my voice was shaking. I think the reason was because the issue was so personal to me. The Council was going to take a vote that would affect my family’s daily life and my home. I was feeling a lot of emotion. The way that Council treats people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity." Be fair and equitable in allocating public hearing time to individual speakers. "The first thing the Mayor said to me was to be brief because the meeting was running late and the Council was eager to go home. That shouldn’t be my problem. I’m sorry my item was at the end of the agenda and that there were a lot of speakers, but it is critically important to me and I should be allowed to say what I have to say and believe that the Council is listening to me." The chair will determine and announce limits on speakers at the start of the public hearing process.

Questions should not be asked for the express purpose of allowing one speaker to evade the time limit imposed on all others (e.g., “Was there something else you wanted to say?”). Generally, each speaker will be allocated three minutes with applicants and appellants or their designated representatives allowed ten. If many speakers are anticipated, the chair may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers.

No speaker will be turned away unless he or she exhibits inappropriate behavior. Each speaker may only speak once during the public hearing unless the chair requests additional clarification later in the process. After the close of the public hearing, no more public testimony will be accepted unless the chair reopens the public hearing for a limited and specific purpose.

Give the appearance of active listening
It is disconcerting to speakers to have members not look at them when they are speaking. It is fine to look down at documents or to make notes, but reading for a long period of time or gazing around the

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

room gives the appearance of disinterest. Be aware of facial expressions, especially those that could be interpreted as "smirking," disbelief, anger or boredom.

Maintain an open mind
Members of the public deserve an opportunity to influence the thinking of elected and appointed officials. To express an opinion or pass judgment prior to the close of a public hearing casts doubt on a member’s ability to conduct a fair review of the issue. This is particularly important when officials are serving in a quasi-judicial capacity.

Ask for clarification, but avoid debate and argument with the public Only the chair – not individual members – can interrupt a speaker during a presentation. However, a member can ask the chair for a point of order if the speaker is off the topic or exhibiting behavior or language the member finds disturbing.

If speakers become flustered or defensive by questions, it is the responsibility of the chair to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by members to the public testifying should seek to clarify or expand information. It is never appropriate to belligerently challenge or belittle the speaker. Members’ personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed.

No personal attacks of any kind, under any circumstance Members should be aware that their body language and tone of voice, as well as the words they use, can appear to be intimidating or aggressive.

Follow parliamentary procedure in conducting public meetings The city attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures. The chair, subject to the appeal of the full Council or board/commission makes final rulings on parliamentary procedure. 3(b). In Unofficial Settings
Make no promises on behalf of the Council, board/commission or City Members will frequently be asked to explain a Council or board/commission action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council or board/commission action, or to promise City staff will do something specific (fix a pothole, remove a library book, plant new flowers in the median, etc.).

Make no personal comments about other members
It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other members, their opinions and actions.

Remember that despite its impressive population figures, Sunnyvale is a small town at heart Members are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City of Sunnyvale. Honesty

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

and respect for the dignity of each individual should be reflected in every word and action taken by members, 24 hours a day, seven days a week. It is a serious and continuous responsibility.

4. Council Conduct with Other Public Agencies
"Always do right. This will gratify some people and astonish the rest." -- Mark Twain
Be clear about representing the City or personal interests When representing the City, the Councilmember must support and advocate the official City position on an issue, not a personal viewpoint. Outside of official board or commission meetings, board and commission members are not authorized to represent the City or their board or commission unless specifically designated by the Council or the board or commission to do so for a particular purpose.

When representing another organization whose position is different from the City, the Councilmember should withdraw from voting on the issue if it significantly impacts or is detrimental to the City’s interest. Councilmembers should be clear about which organizations they represent and inform the Mayor and Council of their involvement.

Correspondence also should be equally clear about representation City letterhead may be used when the Councilmember is representing the City and the City’s official position. A copy of official correspondence should be given to the Council Executive Assistant to be filed in the Council Office as part of the permanent public record.

City letterhead should not be used for non-City business nor for correspondence representing a dissenting point of view from an official Council position.

5. Council Conduct with Boards and Commissions
"We rarely find that people have good sense unless they agree with us." --Francois, Duc de La Rochefoucauld
The City has established several boards and commissions as a means of gathering more community input. Citizens who serve on boards and commissions become more involved in government and serve as advisors to the City Council. They are a valuable resource to the City’s leadership and should be treated with appreciation and respect.

If attending a board or commission meeting, be careful to only express personal opinions Councilmembers may attend any board or commission meeting, which are always open to any member of the public. However, they should be sensitive to the way their participation especially if it is on behalf of an individual, business or developer -- could be viewed as unfairly affecting the process. Any public comments by a Councilmember at a board or commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council.

Limit contact with board and commission members to questions of clarification

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

It is inappropriate for a Councilmember to contact a board or commission member to lobby on behalf of an individual, business, or developer, and vice versa. It is acceptable for Councilmembers to contact board or commission members in order to clarify a position taken by the board or commission.

Remember that boards and commissions serve the community, not individual Councilmembers The City Council appoints individuals to serve on boards and commissions, and it is the responsibility of boards and commissions to follow policy established by the Council. But board and commission members do not report to individual Councilmembers, nor should Councilmembers feel they have the power or right to threaten board and commission members with removal if they disagree about an issue. Appointment and re-appointment to a board or commission should be based on such criteria as expertise, ability to work with staff and the public, and commitment to fulfilling official duties. A board or commission appointment should not be used as a political "reward." Be respectful of diverse opinions
A primary role of boards and commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives.

Councilmembers may have a closer working relationship with some individuals serving on boards and commissions, but must be fair and respectful of all citizens serving on boards and commissions.

Keep political support away from public forums
Board and commission members may offer political support to a Councilmember, but not in a public forum while conducting official duties. Conversely, Councilmembers may support board and commission members who are running for office, but not in an official forum in their capacity as a Councilmember.

6. Conduct with the Media
"Keep them well fed and never let them know that all you’ve got is a chair and a whip." -- Lion Tamer School
Board and commission members are not authorized to represent the City outside of official board/commission meetings unless specifically authorized to do so.

Councilmembers are frequently contacted by the media for background and quotes.

The best advice for dealing with the media is to never go "off the record" Most members of the media represent the highest levels of journalistic integrity and ethics, and can be trusted to keep their word. But one bad experience can be catastrophic. Words that are not said cannot be quoted.

The Mayor is the official spokesperson for the City on City positions.

The Mayor is the designated representative of the Council to present and speak on the official City position. If an individual Councilmember is contacted by the media, the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint.

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

Choose words carefully and cautiously
Comments taken out of context can cause problems. Be especially cautious about humor, sardonic asides, sarcasm, or word play. It is never appropriate to use personal slurs or swear words when talking with the media.

C. SANCTIONS
"You cannot have a proud and chivalrous spirit if your conduct is mean and paltry; for whatever a man’s actions are, such must be his spirit." -- Demosthenes
Model of Excellence
City Councilmembers, Board and Commission Members, and Council appointees who do not sign the Model of Excellence (Appendix A) shall be ineligible for intergovernmental assignments or Council subcommittees.

Ethics Training for Local Officials
City Councilmembers, Board and Commission Members, and Council appointees who are out of compliance with State- or City-mandated requirements for ethics training shall not represent the City on intergovernmental assignments or Council sub-committees, and may be subject to sanctions.

Public Disruption
Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the Council Chambers.

Inappropriate Staff Behavior
Councilmembers should refer to the city manager any City staff or to the city attorney any City Attorney’s staff who do not follow proper conduct in their dealings with Councilmembers, other City staff, or the public. These employees may be disciplined in accordance with standard City procedures for such actions. (Please refer to the section on Council Conduct with City Staff for more details on interaction with Staff.)
Councilmembers Behavior and Conduct
Compliance and Enforcement. The Sunnyvale Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the Sunnyvale City Council, boards and commissions.

Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards and commissions and the Mayor and Council have the additional responsibility to intervene when actions of members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention.

City Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council, lose seniority or committee assignments (both within the City of Sunnyvale or with inter-government agencies) or have official travel restricted.

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

Serious infractions of the Code of Ethics or Code of Conduct could lead to other sanctions as deemed appropriate by Council.

Councilmembers should point out to the offending Councilmember infractions of the Code of Ethics and Conduct. If the offenses continue, then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged, then the matter should be referred to the Vice Mayor.

It is the responsibility of the Mayor to initiate action if a Councilmember’s behavior may warrant sanction. If no action is taken by the Mayor, the alleged violation(s) can be brought up with the full Council in a public meeting.

Board and Commission Members Behavior and Conduct
Counseling, verbal reprimands and written warnings may be administered by the Mayor to board and commission members failing to comply with City policy. These lower levels of sanctions shall be kept private to the degree allowed by law. Copies of all written reprimands administered by the Mayor shall be distributed in memo format to the chair of the respective board or commission, the city clerk, the city attorney, the city manager, and the City Council. Written reprimands administered by the Mayor shall not be included in packets for public meetings and shall not be publicized except as required under the Public Records Act.

The City Council may impose sanctions on board and commission members whose conduct does not comply with the City’s policies, up to and including removal from office. Any form of discipline imposed by Council shall be determined by a majority vote of at least a quorum of the Council at a noticed public meeting and such action shall be preceded by a Report to Council with supporting documentation. The Report to Council shall be distributed in accordance with normal procedures, including hard copies to numerous public facilities and posting online. Any Report to Council addressing alleged misconduct by a board or commission member shall be routed through the Office of the city attorney for review of whether any information is exempt from disclosure (subject to redaction) based on privacy interests authorized under the Public Records Act.

When deemed warranted, the Mayor or majority of Council may call for an investigation of board or commission member conduct. Should the city manager or city attorney believe an investigation is warranted, they shall confer with the Mayor or Council. The Mayor or Council shall ask the city manager and/or the city attorney to investigate the allegation and report the findings.

The results of any such investigation shall be provided to the full Council in the form of a Report to Council, and shall be placed on the agenda of a noticed public meeting as “Information Only”. Any such report shall be made public and distributed in accordance with normal procedures (i.e., hard copies to numerous public locations and posted online). Any report to Council addressing the investigation of board and commission members shall be routed through the Office of the City Attorney for review of whether any information is exempt from disclosure (subject to redaction) based on privacy interests authorized under the Public Records Act.

It shall be the Mayor and/or the Council’s responsibility to determine the next appropriate action. Any such action taken by Council (with the exception of “take no further action”) shall be conducted at a noticed public hearing. These actions include, but are not limited to: discussing and counseling the

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

individual on the violations; placing the matter on a future public hearing agenda to consider sanctions; forming a Council ad hoc subcommittee to review the allegation, the investigation and its findings, as well as to recommend sanction options for Council consideration.

Under the City Charter, the City Council also may remove members of boards and commissions from office. A violation of this Code of Ethics and Conduct shall not be considered a basis for challenging the validity of a Council, board or commission decision.

D. PRINCIPLES OF PROPER CONDUCT
Proper conduct IS …
 Keeping promises
 Being dependable
 Building a solid reputation
 Participating and being available
 Demonstrating patience
 Showing empathy
 Holding onto ethical principles under stress
 Listening attentively
 Studying thoroughly
 Keeping integrity intact
 Overcoming discouragement
 Going above and beyond, time and time again
 Modeling a professional manner
Proper conduct IS NOT …
 Showing antagonism or hostility
 Deliberately lying or misleading
 Speaking recklessly
 Spreading rumors
 Stirring up bad feelings, divisiveness
 Acting in a self-righteous manner
It all comes down to respect
Respect for one another as individuals … respect for the validity of different opinions … respect for the democratic process … respect for the community that we serve.

E. CHECKLIST FOR MONITORING CONDUCT
o Will my decision/statement/action violate the trust, rights or good will of others? o What are my interior motives and the spirit behind my actions? o If I have to justify my conduct in public tomorrow, will I do so with pride or shame? o How would my conduct be evaluated by people whose integrity and character I respect?

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

o Even if my conduct is not illegal or unethical, is it done at someone else’s painful expense? Will it destroy their trust in me? Will it harm their reputation? o Is my conduct fair? Just? Morally right?
o If I were on the receiving end of my conduct, would I approve and agree, or would I take offense? o Does my conduct give others reason to trust or distrust me? o Am I willing to take an ethical stand when it is called for? Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for?
o Do I exhibit the same conduct in my private life as I do in my public life? o Can I take legitimate pride in the way I conduct myself and the example I set? o Do I listen and understand the views of others?
o Do I question and confront different points of view in a constructive manner? o Do I work to resolve differences and come to mutual agreement? o Do I support others and show respect for their ideas? o Will my conduct cause public embarrassment to someone else? F. GLOSSARY OF TERMS
attitude The manner in which one shows one’s dispositions, opinions, and feelings behavior External appearance or action; manner of behaving; carriage of oneself civility Politeness, consideration, courtesy
conduct The way one acts; personal behavior
courtesy Politeness connected with kindness
decorum Suitable; proper; good taste in behavior
manners A way of acting; a style, method, or form; the way in which thing are done point of order An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration
point of personal
privilege
A challenge to a speaker to defend or apologize for comments that a fellow member considers offensive
propriety Conforming to acceptable standards of behavior protocol The courtesies that are established as proper and correct respect The act of noticing with attention; holding in esteem; courteous regard G. IMPLEMENTATION
As an expression of the standards of conduct for members expected by the City, the Sunnyvale Code of Ethics and Conduct is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions. For this reason, this document shall be included in the regular orientations for candidates for City Council, applicants to board and commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the City of Sunnyvale Code of Ethics and Conduct. In addition, the Code of Ethics and Conduct shall be annually reviewed by the City Council, boards and commissions, and the City Council shall consider recommendations from boards and commissions and update it as necessary.

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

(Adopted: RTC 08-113 (4/8/08), Update: RTC 09-036 (2/3/09); Updated: RTC 09-047 (2/24/09); Approved with no changes: RTC 10-078 (3/23/10); RTC 11-058 (3/29/11); RTC 12-067 (3/20/2012); Updated: RTC 13-060 (3/19/13); Approved with no changes: RTC 14-0211 (3/18/14); RTC 15-0050 (3/24/15); RTC 16-0360 (4/5/16); RTC 17-0161 (3/28/17); RTC 18-0036 (1/9/18); RTC 19-0185 (2/26/2019); RTC 20-0021 (3/17/20); RTC 21-0383 (3/16/21)) Lead Department: Office of the City Manager

For ease of reference in the Code of Ethics and Conduct, the term “member” refers to any member of the Sunnyvale City Council or the City’s boards and commissions established by the City Charter, City Ordinance or Council policy.

APPENDIX A - Model of Excellence Member Statement

MODEL OF EXCELLENCE
Sunnyvale City Council, Boards and Commissions

MEMBER STATEMENT
As a member of the Sunnyvale City Council or of a Sunnyvale board or commission, I agree to uphold the Code of Ethics and Conduct for Elected and Appointed Officials adopted by the City and conduct myself by the following model of excellence. I will:
• Recognize the worth of individual members and appreciate their individual talents, perspectives and contributions;
• Help create an atmosphere of respect and civility where individual members, City staff and the public are free to express their ideas and work to their full potential; • Conduct my personal and public affairs with honesty, integrity, fairness and respect for others; • Respect the dignity and privacy of individuals and organizations; • Keep the common good as my highest purpose and focus on achieving constructive solutions for the public benefit;
• Avoid and discourage conduct which is divisive or harmful to the best interests of Sunnyvale; • Treat all people with whom I come in contact in the way I wish to be treated; I affirm that I have read and understood the City of Sunnyvale Code of Ethics and Conduct for Elected and Appointed Officials.

Signature Date
Name

City Council

P R O T O C O L S
City of Rohnert Park ● 2022
Adopted 10/28/2008 by Reso. No. 2008-173
Amended 9/14/2010 by Reso. No. 2010-109
Amended 3/10/2015 by Reso. No. 2015-047
Amended 12/13/2016 by Reso. No. 2016-115
Amended 4/24/2018 by Reso No. 2018-053
Amended 1/22/2019 by Reso No 2019-012
Amended 3/22/2022 by Reso No 2022-036

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Table of Contents
I. COUNCIL MEETINGS..................................................................................................................- 1 - A. Regular Meetings...........................................................................................................................- 1 -

1. OtherLocations.........................................................................................................................-1-

2. Location during Local Emergency............................................................................................- 1 -

3. CanceledMeetings....................................................................................................................- 1 - B. Special Meetings and Emergency Meetings..................................................................................- 1 - C. AdjournedMeetings......................................................................................................................- 1 - D. Study/Work Session ......................................................................................................................- 1 - E. ClosedSessions.............................................................................................................................-2- F. Cancellation of Regular Meetings.................................................................................................- 2 - G. Quorum..........................................................................................................................................- 2 - H. Presiding Officer ...........................................................................................................................- 2 -

1. Absence of Mayor.....................................................................................................................- 2 -

2. Mayor and Vice Mayor Absence ..............................................................................................- 2 -

3. Election of Council Officers.....................................................................................................- 3 - I. Attendance by the Public...............................................................................................................- 3 - J. Agenda Packets.............................................................................................................................- 3 - K. Action Minutes ..............................................................................................................................- 3 -

1. Written Comments for the Record............................................................................................- 3 -

2. Reading of the Minutes.............................................................................................................- 3 -

3. Approval of Minutes.................................................................................................................- 4 -

4. Recordings of Meetings............................................................................................................- 4 - II. ORDER OF BUSINESS .................................................................................................................- 4 - A. General Order ................................................................................................................................- 4 - B. Presentations/Proclamations..........................................................................................................- 4 - C. Consent Calendar...........................................................................................................................- 4 - D. Action Agenda Items .....................................................................................................................- 4 - E. Council Committee and Other Reports.........................................................................................- 4 - F. Communications............................................................................................................................- 5 -

1. On an Item on the Agenda ........................................................................................................- 5 -

2. On a non-Agenda Item..............................................................................................................- 5 - G. Matters from/for Council...............................................................................................................- 5 - H. Standard Adjournment...................................................................................................................- 5 -

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III. RULES OF CONDUCT..................................................................................................................- 6 - A. Rosenberg’s Rules of Order ..........................................................................................................- 6 - B. Powers and Duties of Presiding Officer of City Council ..............................................................- 6 -

1. Participation ..............................................................................................................................- 6 -

2. Seating Arrangement for City Council .....................................................................................- 6 -

3. Question to Be Stated................................................................................................................- 6 -

4. Signing of Documents...............................................................................................................- 6 -

5. Sworn Testimony and Subpoenas.............................................................................................- 6 - C. Rules of Decorum..........................................................................................................................- 7 -

1. Councilmembers .......................................................................................................................- 7 -

2. Use of Electronic Devices.........................................................................................................- 7 -

3. Staff...........................................................................................................................................- 7 -

4. Conduct of Speakers.................................................................................................................- 7 - D. Rules of Debate .............................................................................................................................- 7 -

1. Getting the Floor.......................................................................................................................- 7 -

2. Questionsto Staff......................................................................................................................- 7 -

3. Interruptions..............................................................................................................................- 8 -

4. Points of Order..........................................................................................................................- 8 -

5. Point of Personal Privilege........................................................................................................- 8 -

6. Limitation of Debate.................................................................................................................- 8 - E. Motions – Second Required ..........................................................................................................- 8 - F. Preparation of Documents – Approval..........................................................................................- 8 - G. Reading of Ordinances and Resolutions........................................................................................- 9 - H. Required Votes ..............................................................................................................................- 9 - I. VotingProcedure...........................................................................................................................- 9 - J. Disqualification for Conflict of Interest ........................................................................................- 9 - K. Failure to Vote and Abstention......................................................................................................- 9 - L. Tie Vote .......................................................................................................................................- 10 - M. Changing Vote.............................................................................................................................- 10 - N. Reconsideration ...........................................................................................................................- 10 - O. Teleconferencing .........................................................................................................................- 10 - IV. PUBLIC HEARINGS ...................................................................................................................- 10 - A. General Procedure .......................................................................................................................- 10 - B. Time for Consideration................................................................................................................- 11 - C. Continuance of Hearings.............................................................................................................- 11 -

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D. Public Discussion at Hearings .....................................................................................................- 11 -

1. Public Member Request to Speak...........................................................................................- 11 -

2. Council Questions of Speakers...............................................................................................- 11 -

3. Due Process.............................................................................................................................- 11 -

4. Public Oral Presentations........................................................................................................- 12 -

5. Materialsfor Public Record....................................................................................................- 12 -

6. Germane Comments................................................................................................................- 12 - E. Communications and Petitions ....................................................................................................- 12 - F. Admissible Evidence ...................................................................................................................- 12 - V. ADDRESSING THE CITY COUNCIL........................................................................................- 12 - A. Staff Presentations .......................................................................................................................- 12 - B. Public Comments on Non-agenda Items .....................................................................................- 12 -

1. Timing.....................................................................................................................................- 13 -

2. SpeakerCards.........................................................................................................................-13-

3. Council Deliberations Prohibited............................................................................................- 13 -

4. Council Interaction with Public ..............................................................................................- 13 - C. Public Comments on Agenda Items ............................................................................................- 13 -

1. Members of the Public............................................................................................................- 13 -

2. Project Applicant or Appellant ...............................................................................................- 14 -

3. Other Agencies/Entities/Organizations...................................................................................- 14 -

4. Presentation Submitted in Writing..........................................................................................- 14 - D. Power Point Presentations ...........................................................................................................- 14 - E. Comments in Writing Encouraged ..............................................................................................- 15 - F. Comment Cards ...........................................................................................................................- 15 - G. Repetitious or Dilatory Comments Prohibited ............................................................................- 15 - H. Waiver of Rules...........................................................................................................................- 15 - I. Non Exclusive Rules ...................................................................................................................- 15 - VI. COMMUNITY RELATIONS AND POLICIES ..........................................................................- 16 - A. Mayor to Act as Council Ceremonial Representative .................................................................- 16 - B. Honoring Residents and Other Worthy Persons..........................................................................- 16 - C. Councilmember Participation in Community Activities .............................................................- 17 - D. Ethics ...........................................................................................................................................- 17 - E. Expense Reimbursement .............................................................................................................- 17 -

1. QuarterlyExpenditure Reports...............................................................................................- 17 -

2. Other ExpenditureReports......................................................................................................- 17 -

iv
VII. COUNCILMEMBER ADMINISTRATIVE SUPPORT ..............................................................- 18 - A. Council Mail & Correspondence.................................................................................................- 18 - B. Master Calendar...........................................................................................................................- 20 - C. Requestsfor Research or Information.........................................................................................- 20 - D. Council Notification of Significant Incidents..............................................................................- 20 - VIII. LIAISON ASSIGNMENTS..........................................................................................................- 21 - IX. OUTSIDE AGENCY APPOINTMENTS.....................................................................................- 21 - X. COUNCIL COMMITTEES ..........................................................................................................- 22 - A. Purpose ........................................................................................................................................- 22 - B. Appointment ................................................................................................................................- 22 - C. Conflict ofInterest.......................................................................................................................- 22 - D. Committee Meetings ...................................................................................................................- 22 - E. Communications..........................................................................................................................- 23 - F. CommitteeMaterials...................................................................................................................- 23- G. Committee Recommendations.....................................................................................................- 23 - H. Staffing ........................................................................................................................................- 23 - XI. CITY COMMISSIONS, COMMITTEES, AND BOARDS .........................................................-23 - A. Appointments to City Commissions, Committees, and Boards ..................................................- 23 - B. Policy for Service on City Commissions, Committees, and Boards ...........................................- 24 -

1. Attendance ..............................................................................................................................- 24 -

2. Removal ..................................................................................................................................- 24 -

3. Role .........................................................................................................................................- 25 -

4. Conflict of Interest ..................................................................................................................- 25 - XII. COUNCIL VACANCY ................................................................................................................- 25 - XIII. USE OF CITY COUNCIL CHAMBER .......................................................................................- 25 - XIV. FAILURE TO OBSERVE COUNCIL PROTOCOLS .................................................................- 26 - XV. APPENDIX ...................................................................................................................................- 27 -

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

ROHNERT PARK CITY COUNCIL PROTOCOLS
I. COUNCIL MEETINGS
A. Regular Meetings
Regular Meetings of the Council will be held the second and fourth Tuesdays of each month commencing at 5:00 p.m. in the City Council Chamber, Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California (Resolution 2019-13).

1. Other Locations
The Council may, from time to time, elect to meet at other locations within the City and upon such election will give public notice of the change of location in accordance with provisions of the Government Code.

2. Location during Local Emergency
If, by reason of fire, flood or other emergency, it will be unsafe to meet in the City Hall, the meetings may be held for the duration of the emergency at such other place as may be designated by the Mayor or, if the Mayor does not so designate, by the Vice Mayor or City Manager.

3. Canceled Meetings
When the day for any regular meeting falls on a legal holiday, the regularly scheduled meeting for that day will be deemed canceled unless otherwise provided by the Council. The Council must meet regularly, however, at least once each month.

B. Special Meetings and Emergency Meetings
Special meetings and emergency meetings of the Council may be called and held from time to time pursuant to the procedures set forth in the Ralph M. Brown Act (Government Code sections 54950, et seq.).

C. Adjourned Meetings
The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment pursuant to the procedures set forth in the Ralph M. Brown Act (Government Code sections 54950, et seq.).

D. Study/Work Session
The Council may meet in a study/work session at such times or at such places as may be determined by the Council. Study/Work Sessions are less formal and for the purpose of hearing reports from the staff, receiving public comment, and reviewing, discussing and debating matters of interest to the City. These sessions will be noticed as provided by law and open to the public and the press. No official action may be taken at a study session. However, Council may refer the item to staff with specific requests for information or provide specific direction to

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

staff. During study/work sessions, Councilmembers may ask questions of staff. For those questions that staff cannot immediately answer, responses will be provided for the Council in writing or at a future Council meeting.

E. Closed Sessions
Consistent with the Ralph M. Brown Act (Government Code sections 54950, et seq.), the Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law to consider or hear any matter which is authorized by State law to be heard or considered in closed session.

1. The City Council may exclude from any such closed session any person or persons which it is authorized by State law to exclude from such closed sessions.

2. The general subject matter for consideration will be expressed in an open meeting before such session is held.

3. Councilmembers may not reveal the nature of discussion or the decision from a closed session unless required by law or unless a majority of the Council agrees in closed session to disclose confidential closed session information, except that the Council must unanimously agree to divulge any confidential closed session information that is attorney/client privileged communications.

F. Cancellation of Regular Meetings
Any meeting of the Council may be canceled in advance by a majority vote of the Council.

G. Quorum
A majority of the Council will constitute a quorum, but a lesser number may adjourn a meeting. If all Councilmembers are absent the clerk may declare the meeting adjourned to a stated time and place and shall post a notice of adjournment within 24 hours.

H. Presiding Officer
The Mayor will preside over all Council meetings. The Mayor will have authority to preserve order at all Council meetings, to remove any person from any meeting of the Council for disorderly conduct, to enforce the rules of the Council and to determine the order of business under the rules of the Council.

1. Absence of Mayor
The Vice Mayor will act as Mayor in the absence or disability of the Mayor.

2. Mayor and Vice Mayor Absence
When the Mayor and the Vice Mayor are absent from any meeting of the Council, the members present may choose another member to act as Mayor pro tem, and that person will, for the time being, have the powers of the Mayor.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

3. Election of Council Officers
The Mayor and Vice Mayor will be elected by three (3) affirmative votes of the City Council. In years when members of the City Council are to be elected, the City Council shall consider the election of a Mayor and Vice Mayor for one (1) year terms at the first regular meeting after certification of the general election results has been received by the City. In years when no members of the City Council are to be elected, the City Council shall consider the election of the Mayor and Vice Mayor for one (1) year terms at the second regular meeting in November of each year or no later than the succeeding meeting.

I. Attendance by the Public
Except as specifically provided by law for closed sessions, all meetings of the Council will be open and public in accordance with the terms, provisions and exceptions consistent with the Ralph M. Brown Act (Government Code sections 54950, et seq.).

J. Agenda Packets
The City Council agenda packet, including all reports, communications, ordinances, resolutions, contracts, documents, or other matters to be considered by the City Council at the regular meeting, will be delivered to members of the City Council no later than the Thursday preceding the Tuesday Council meeting to which the agenda packet pertains. Friday delivery is allowed with City Manager approval. The agenda packet will be made available for public inspection upon its distribution to the City Council. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for public inspection at City Hall during normal business hours.

K. Action Minutes
Minutes of Council meetings will be action minutes. Action minutes will include final motions and will note for the record how each Councilmember voted. The minutes will also reflect the names of public speakers. Council and staff discussion and comments will not be included in the minutes. The City Clerk will have exclusive responsibility for preparation of the minutes and directions for corrections to the minutes will be made only by majority vote of the CityCouncil.

1. Written Comments for the Record
Written comments by a Councilmember may be read “for the record” and submitted to the City Clerk to be placed on file with archives of agenda items and, if requested, attached to the original set of minutes.

2. Reading of the Minutes
Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

3. Approval of Minutes
Minutes of meetings are generally submitted to the Council within two weeks for approval.

4. Recordings of Meetings
Digital recordings of proceedings are maintained by the City Clerk for a period of at least two years.

II. ORDER OF BUSINESS
A. General Order
The business of the Council at its meetings will generally be conducted in accordance with the order of business as listed on the agenda. The Mayor may, with a majority vote of the Council, reorder items on the agenda to accommodate the public or to address other concerns. A closed session may be held at any time during a meeting consistent with applicable law.

B. Presentations/Proclamations
All presentations will be calendared through the City Clerk in coordination with the Mayor and City Manager and will be limited to a time period not to exceed 20 minutes cumulative for all presentations at each Council meeting, unless Council votes to extend the time.

C. Consent Calendar
The Consent Calendar items are routine matters or non-controversial issues. All items on the Consent Calendar will be considered together by one action unless any Councilmember or anyone else interested in a consent calendar item requests that the item be pulled from the Consent Calendar.

Members of the public may comment on consent items prior to the Council’s consideration of the consent agenda. Agenda items pulled from the Consent Calendar by Councilmembers, members of the pubic, or staff will be considered at the beginning of the Action Items section of the agenda. A Councilmember may vote “no” or “abstain” on any consent item without comment or discussion.

D. Action Agenda Items
In accordance with the Ralph M. Brown Act, the Council may not take action on any item that did not appear on the posted Council agenda 72 hours prior to the Council meeting unless an exception is made as permitted consistent with the Ralph M. Brown Act (Government Code sections 54950, et seq.).

E. Council Committee and Other Reports
This time is set aside to allow members of the Council serving on Council committees and regional boards, commissions or committees to present a verbal report to the full Council on activities of the respective commissions, committees or boards upon which they serve. The agenda may list any Council standing committees, liaison assignments, and outside agency or board appointments, including but not limited to, the Mayors’ & Councilmembers’ Association, City

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

Selection Committee, and similar bodies, where a position is held by a councilmember. No action may be taken by the Council on these reports unless an exception is made as permitted consistent with the Ralph M. Brown Act (Government Code sections 54950, et seq.).

F. Communications
Correspondence need not be read aloud at a Council meeting unless requested by a majority vote of the Council.

1. On an Item on the Agenda
Any person may submit written comments to the Council through the City Clerk or other City offices, and request that members of the Council receive copies of such materials in the agenda packet, provided that such materials are received in sufficient time to be included for distribution in the agenda packet.

Otherwise, such materials shall be distributed prior to or at the meeting during which the subject matter will be considered.

2. On a non-Agenda Item
Councilmembers desiring to read or discuss any communication received on any matter not on the agenda may do so. No action may be taken except to place a particular item on a future agenda for Council consideration or as otherwise permitted by applicable law.

G. Matters from/for Council

1. Any member of the City Council may place an Item on “Matters from/for Council” before the City Council meeting by providing the City Manager with the title of the item before the agenda is published. The purpose of the City Council discussion on such item will be to determine whether it will be placed on a subsequent agenda for deliberation and action. A concurrence of two Councilmembers will be sufficient to add the item on a subsequent agenda.

2. The City Manager may place an item on the agenda under “Matters from/for Council” with the purpose of providing the City Council an opportunity to discuss, deliberate, and take action.

3. An item may not be added under “Matters from/for Council” at the City Council meeting except as permitted consistent with the Ralph M. Brown Act (Government Code Sections 54950, et seq.).

H. Standard Adjournment
The City Council will not hear any new agenda items past 11:00 p.m. without a majority vote of the City Council. If agenda items remain after 11:00 p.m., City Council may extend the meeting with a majority vote, a special meeting may be scheduled, or the items may be deferred until the next meeting.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

III. RULES OF CONDUCT
A. Rosenberg’s Rules of Order
Except as provided herein, other rules adopted by the City Council and applicable provisions of state law, the procedures of the City Council will be governed by the latest revised edition of Rosenberg’s Rules of Order. Rosenberg’s Rules are appended herein for reference.

B. Powers and Duties of Presiding Officer of City Council

1. Participation
The presiding officer may move, second, debate, and vote from the chair.

2. Seating Arrangement for CityCouncil
The presiding officer will, following each Council election of officers and at such other time as the presiding officer deems it necessary, establish the seating arrangement of the members of the Council. The Vice Mayor will always be seated immediately next to the Mayor.

3. Motion to Be Stated
The City Clerk will verbally restate each motion immediately prior to calling for the vote. The presiding officer in his/her discretion may publicly explain the effect of a vote for the audience, or he/she may direct a member of the city staff to do so before proceeding to the next item of business.

4. Signing of Documents
The presiding officer will sign all ordinances, resolutions, contracts, and other documents necessitating his/her signature, which were adopted, unless he/she is unavailable in which case the signature of an alternate presiding officer may be used.

5. Sworn Testimony and Subpoenas
Pursuant to California Government Code section 40603 the presiding officer will have the power to administer oaths and affirmations, take affidavits and certify them under his/her hand. In addition and pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the presiding officer will be substantially in the following form:

Name of affiant.
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

C. Rules of Decorum

1. Councilmembers
While the Council is in session, Councilmembers will preserve order and decorum, and a member will neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Council nor disturb a member while speaking or refuse to obey the orders of the presiding officer.

2. Use of Electronic Devices
While the Council is in session, to satisfy due process requirements, Councilmembers shall give their sole attention to the proceedings and shall refrain from using electronic devices such as computers, cell phones, pagers, PDAs and other electronic devices for the purpose of sending or receiving external communication unless an emergency or extraordinary circumstance exists. Councilmembers are permitted to use laptop computers and other electronic devices such as iPads to access electronic agenda packets while in session.

3. Staff
Members of the City staff and employees will observe the same rules of order and decorum applicable to the City Council.

4. Conduct of Speakers
No person shall use loud, profane, threatening, or personally abusive language, or engage in any other disorderly conduct so as to disrupt, disturb or otherwise impede the orderly conduct of any Council meeting. Persons who violate this rule may be barred from attendance for the remainder of the Council meeting, provided that the Mayor has notified the person to conduct himself/herself in a manner consistent with this rule, and warned the person that he/she will be removed if he/she continues to disrupt the Council meeting. If after notification and warning the person persists in disrupting the meeting, the Mayor shall order the person to leave the Council meeting. If the person does not remove himself/herself, the Mayor may request any law enforcement officer who is on duty at the meeting to remove that person from the Council Chamber.

D. Rules of Debate

1. Getting the Floor
Every Councilmember desiring to speak will first address the presiding officer, gain recognition by the presiding officer, and will confine himself/herself to the question under debate, avoiding personalities and indecorous language.

2. Questions to Staff
Every Councilmember desiring to question the City staff will, after recognition by the presiding officer, address his/her questions to the City

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Amended 3/22/2022 by Reso. No. 2022-036

Manager, who will either answer the inquiry or designate a member of his/her staff for that purpose.

3. Interruptions
A Councilmember, once recognized, will not be interrupted when speaking unless called to order by the presiding officer, unless a point of order or personal privilege is raised by another Councilmember or unless the speaker chooses to yield to a question by another Councilmember. If a Councilmember, while speaking, is called to order, he/she will cease speaking until the question of order is determined and, if determined to be in order, he/she may proceed.

Members of the City staff after recognition by the presiding officer will hold the floor until completion of their remarks or until recognition is withdrawn by the presiding officer.

4. Points of Order
The presiding officer will determine all points of order subject to the right of any Councilmember to appeal to the Council. If an appeal is taken, the question will be, “Will the decision of the presiding officer be sustained?” A majority vote of the Council conclusively determines the question of order.

5. Point of Personal Privilege
The right of a Councilmember to address the Council on a question of personal privilege is limited to cases in which his/her integrity, character or motives are questioned or where the welfare of the Council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the presiding officer recognizes the privilege.

6. Limitation of Debate
No Councilmember will be allowed to speak more than once upon a particular subject until every other Councilmember desiring to do so has spoken.

E. Motions – Second Required
A motion by a member of the Council, including the presiding officer, may not be discussed or acted on without receiving a second.

F. Preparation of Documents – Approval

1. The City Attorney will prepare or approve all ordinances. No ordinance will be prepared for presentation to the Council unless ordered by a majority vote of the Council or requested by the Mayor or City Manager or prepared by the City Attorney on his/her own initiative.

2. All ordinances, resolutions and contract documents will, before presentation to the Council, be approved as to form by the City Attorney and examined and approved for administration by the City Manager or his/herrepresentative.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

G. Reading of Ordinances and Resolutions
Motions offering ordinances or resolutions are deemed to include waiver of full reading and title of the ordinance or resolution unless otherwise specifically stated.

If a Councilmember so requests the ordinance or resolution will be read in full.

Ordinances that have been introduced by unanimous vote of the Council may be placed on the consent calendar and adopted by a roll call vote for consent calendar approval.

H. Required Votes
Three affirmative votes are required for (1) ordinances, (2) resolutions, (3) payment of money, (4) Commission, Committee, Board, and other appointment removals, or (5) City Council election of Mayor and Vice Mayor.

I. Voting Procedure
“Majority Vote” refers to the majority of the quorum. “Majority Vote of the Membership” refers to a majority of the total membership. A four-fifths (4/5) Vote of the Council is 4/5 of the quorum. “Super-majority Vote” refers to 4/5 of the Membership.

A vote of the Council, including a roll call vote, may be registered by the members by answering “Yes” or “Aye” for an affirmative vote or “No” or “Nay” for a negative vote. The action taken must be publicly announced, reporting the vote or abstention of each Councilmember present, as required by the Ralph M. Brown Act (Government Code Sections 54950, et seq.).

J. Disqualification for Conflict of Interest
Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest will publicly state or have the presiding officer state the nature of the disqualification in open meeting. Where no clear disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Councilmember affected, be decided by the other Councilmembers. A Councilmember who is disqualified by reason of a conflict of interest in any matter may not remain in his/her seat during the debate and vote on the matter, but will request and be given the permission of the presiding officer to step down from the dais and leave the Chamber during discussion and action on the matter. A Councilmember stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter.

K. Failure to Vote and Abstention
Every Councilmember is encouraged to vote unless disqualified by reason of a conflict of interest. A Councilmember who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

L. Tie Vote
Tie votes will be lost motions and may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the item at a subsequent meeting.

M. Changing Vote
A member may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the presiding officer and prior to the time that the next item in the order of business is taken up. A Councilmember who publicly announces that he/she is abstaining from voting on a particular matter may not subsequently withdraw his/her abstention.

N. Reconsideration
A motion to reconsider action taken by the Council may be made only on the day the action was taken. It may be made either immediately during the same session or at a recessed or adjourned session. The motion may be made only by one of the Councilmembers who voted with the prevailing side. This does not prevent a Councilmember from making or remaking the same or any other motion at a subsequent meeting of the Council.

O. Teleconferencing
Any Councilmember who participates by teleconference will take all necessary steps to comply with the provisions of the Brown Act related to teleconferencing.

All votes taken during a teleconferenced meeting must be by roll call.

IV. PUBLIC HEARINGS
A. General Procedure
The Council procedure for the conduct of public hearings is generally as follows:

1. Staff presents its report.

3. Councilmembers may ask questions of staff if they so desire.

4. The Mayor opens the public hearing. See Section V.C for comment time limits.

5. The applicant then has the opportunity to present comments, testimony, or arguments. However, in the case of an appeal when the appellant is different from the applicant, the appellant should be called upon first to provide comments or testimony followed by comments by the applicant.

6. Members of the public are provided with the opportunity to present their comments, testimony or argument.

7. The applicant is given an opportunity for rebuttal or concluding comments.

However, in the case of an appeal when the appellant is different from the applicant, the appellant should be called upon first to provide closing comments followed by the applicant.

8. The public hearing is closed.

9. The Council deliberates on the issue.

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Amended 3/22/2022 by Reso. No. 2022-036

10. If the Council raises new issues through deliberation and seeks to take additional public testimony (questions of the public, applicant or appellant), the Public Hearing must be reopened. At the conclusion of the public testimony, the Public Hearing is again closed.

11. The Council deliberates and takes action.

12. The Mayor announces the final decision of the Council.

B. Time for Consideration
Matters noticed to be heard by the Council will commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and will continue until the matter has been completed or until other disposition of the matter has been made.

C. 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 or continuance, be continued or recontinued to any subsequent meeting.

D. Public Discussion at Hearings
When a matter for public hearing comes before the Council, the Mayor will 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 will 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.

1. Public Member Request to Speak
Persons wishing to speak or present evidence during Public Hearings should submit a speaker card to the City Clerk in a timely fashion. Speakers will be called by the Mayor in the order by which they submit speaker cards. When called upon, the person should come to the podium, state his/her name and address for the record, and, if speaking for an organization or other group, identify the organization or group represented. A member of the public may only address the Council upon recognition by the Mayor.

2. Council Questions of Speakers
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. Interaction with the speaker will be limited to a question or questions, rather than an ongoing dialogue. Councilmembers should avoid raising questions as a method to extend the allocated time for a speaker.

3. Due Process
The Mayor will conduct the meeting in such a manner as to afford due process.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

4. Public Oral Presentations
All Council rules pertaining to oral presentation by members of the public apply during public hearings.

5. Materials for Public Record
All persons interested in the matter being heard by the Council will be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented will be retained by the City Clerk as part of the Clerk's record of the hearing, unless otherwise directed. Where the Council is acting as an adjudicatory or fact-finding body, all documentary evidence must be submitted at least five (5) days before the applicable hearing to enable adequate consideration of the evidence.

6. Germane Comments
No person will be permitted during the hearing to speak about matters or present evidence which is not germane to the matter being considered. A determination of relevance will be made by the Mayor, but may be appealed to the full Council.

E. Communications and Petitions
Written communications and petitions concerning the subject matter of the hearing will be noted, read aloud, or summarized by the Mayor. A reading in full will take place if requested by any member of the Council.

F. Admissible Evidence
Hearings need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be considered if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs.

V. ADDRESSING THE CITY COUNCIL
A. Staff Presentations
Staff presentations will be limited to 10 minutes. Longer staff presentations must be approved by the City Manager prior to the Council meeting.

B. Public Comments on Non-agenda Items
In compliance with the Ralph M. Brown Act (Government Code Section 54950, et seq.), Public Comments is that portion of City Council meetings set aside for members of the public to address the City Council on items within the subject matter jurisdiction of the City of Rohnert Park that are not otherwise scheduled as a regular agenda item on the City Council agenda. Any person wishing to address the City Council on an item that is scheduled on the City Council agenda will be encouraged to make comments during the discussion of that agenda item. Although not required by law, Public Comment may be allowed at a special meeting when set forth on the special meeting agenda.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

1. Timing
Public Comments are scheduled at the beginning of each Regular Council meeting just prior to the Consent Calendar and at the end of each Regular Council meeting just prior to adjournment, as specified on the City Council agenda. The first Public Comments period is limited to no more than thirty (30) minutes total for all speakers, with each speaker given no more than three (3) minutes. If there are more than ten (10) Public Comments speakers, the presiding officer will be authorized to establish a different time limit for public comments and/or defer speakers to the Public Comments period just prior to adjournment in order to allow equal access for all those wishing to address the City Council.

2. Speaker Cards
Persons wishing to speak during Public Comments should submit a speaker card to the City Clerk in a timely fashion. Speakers will be called by the Mayor in the order by which they submit speaker cards. When called upon, the person should come to the podium, state his/her name and address for the record, and, if speaking for an organization or other group, identify the organization or group represented.

3. Council Deliberations Prohibited
In compliance with the Brown Act, the Council may not deliberate or vote on any matter raised during Public Comments. However, the Council may request further action in accordance with the Brown Act.

4. Council Interaction with Public
Questions during Public Comments, if any, should be directed to the Mayor who will determine whether, or in what manner, an answer will be provided. If a Councilmember believes that a material misstatement of fact has been made by a person during Public Comments, the Councilmember may ask the City Manager or City Attorney to correct or otherwise clarify the matter or the Councilmember may provide a direct response at that time. If an immediate response is not possible, correction or clarification will be provided at the next regular meeting of the Council.

C. Public Comments on Agenda Items
The Mayor may alter any of the enumerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item.

1. Members of the Public
Any member of the public wishing to address the Council orally on City business matters appearing on the Council agenda may do so when that item is taken up by the Council, or as otherwise specified by the Mayor. Speakers will be limited to three (3) minutes unless altered as provided for herein, and this time limit is inclusive of oral and visual presentations.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

2. Project Applicant or Appellant
The project applicant, appellant or other person or entity with a substantial direct property interest, or his/her representative will have a total of 15 minutes for his/her presentations. The initial comments or presentation will be limited to ten (10) minutes and the rebuttal or concluding comments will be limited to five (5) minutes.

All other persons wishing to speak on the matter will be limited to three (3) minutes unless changed by City Council action. Speaker time limits are inclusive of oral and visual presentations and will constitute the cumulative three-minute time limit for each speaker for the meeting. The Mayor, with majority vote of the Council, may alter any of the enumerated time allocations based on the complexity of the item and the number of persons wishing to speak on the item.;

3. Other Agencies/Entities/Organizations
Presentations will be limited to 10 minutes unless a request for a longer presentation is approved by the City Manager prior to the Council Meeting.

4. Presentation Submitted in Writing
Persons who anticipate oral presentations exceeding five (5) minutes are encouraged to submit comments in writing at the earliest possible time for distribution to the Council and other interested parties. Comments should be submitted sufficiently in advance of the scheduled meeting date to ensure distribution to the Council prior to the meeting.

D. Power Point Presentations
Members of the public, other agencies, entities, and organizations may present a PowerPoint software presentation to the Council utilizing the City’s audio/visual equipment.

1. All PowerPoint presentations must comply with applicable time limits for oral presentations and cumulative time limits. Presentations should be planned with flexibility to adjust to any changes in these time limits.

2. Each slide of the PowerPoint presentation must identify that this is the “Personal Comments of Private Citizen [first and last name].”

3. All Power Point presentations must be contained on a CD or flash drive that is already formatted in PowerPoint and compatible with City equipment. All presentations must be submitted to the City Clerk no later than noon on the business day before the Council meeting to allow for computer virus checks and compatibility with City equipment.

4. Any electronic media submitted that is thought to contain computer viruses or is unable to be scanned for computer viruses by City equipment will not be permitted to be used.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

5. If compatibility or computer viruses are at issue, a member of the public may provide a printed hard copy of the PowerPoint presentation to be scanned and projected onto the screen via the visual projector during his/her presentation.

E. Comments in Writing Encouraged
Members of the public may submit, and are encouraged to submit, comments in writing to the City Council relating to any items of City business, whether on the City Council agenda or otherwise. Such written comments will be distributed to members of the Council and considered and acted upon, or not acted upon, as allowed under the Brown Act the City Council in its judgment may deem appropriate.

F. Comment Cards
Speaker cards may also be used as comment cards by members of the public who do not wish to or cannot verbally address the Council during a meeting. A person may indicate his/her comments and opposition or support for an agenda item on a speaker/comment card. During the public testimony of the item, the Mayor will indicate that the Council has received comment cards from (name of person) in support of the project or issue and comment cards from (name of person) in opposition of the project or issue. The minutes will reflect the Council’s receipt of comment cards in opposition and support of the project or issue.

G. Repetitious or Dilatory Comments Prohibited
A speaker will not present the same or substantially same items or arguments to the Council repeatedly or be repetitious or dilatory in presenting his/her oral comments. If a matter has been presented orally before the Council, whether the Council has taken action, or determined to take no action, the same or substantially same matter may not be presented orally by the same person any further. Nothing in the foregoing precludes submission of comments to the City Council in writing for such action or non-action as the Council, in its discretion, may deem appropriate.

In order to expedite matters and to avoid repetitious presentations, the designation of a spokesperson is encouraged. Whenever any group of persons wishes to address the Council on the same subject matter, those persons are encouraged to designate a spokesperson to address the City Council. The time allocation for a designated spokesperson may be altered as provided herein.

H. Waiver of Rules
Any of the foregoing rules may be waived by majority vote of the Councilmembers present when it is deemed that there is good cause to do so based upon the particular facts and circumstances involved.

I. Non Exclusive Rules
The rules set forth are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its presiding officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

VI. COMMUNITY RELATIONS AND POLICIES
A. Mayor to Act as Council Ceremonial Representative and Spokesperson The Mayor has been delegated the responsibility to act as the City Council’s ceremonial representative at public events and functions. The Mayor is also designated to serve as the City’s spokesperson to provide updates and other information as it relates to the state of the City. In the Mayor’s absence, the Vice Mayor assumes this responsibility. In both the Mayor and Vice Mayor’s absence, the Mayor will appoint another Councilmember to assume this responsibility.

B. Honoring Residents and Other Worthy Persons
It is the policy of the City Council to honor people and organizations who have contributed to the improvement or to the welfare of the City. Recommendations may be made by citizens to an appropriate commission, board, or committee or directly to the City Council. The Council may request the advice of a commission, board or committee to determine merit or, if desirable, to hold a public hearing prior to a formal dedication. Recognition may also be given to individuals for their personal achievement or for enhancing the image of the City. The accolades could include awards, certificates, resolutions or proclamations. In addition, perpetual plaques or awards can be bestowed on individuals.

If any commissioner, board member, committee member, Councilmember, or citizen requests an accolade, the following procedure should be followed:

1. Incoming requests for a proclamation or resolution to be presented at an event or Council meeting shall be provided to the Mayor and City Manager for approval. All requests from any Councilmember or member of the public must be provided in writing two (2) weeks prior to event/Council meeting date and should include a draft proclamation or resolution. Content may be changed after submission at the discretion of the City Manager. Once the Mayor approves the request, the proclamation, certificate of recognition, or resolution is either scheduled at an upcoming Council meeting, presented at an event or is picked up/mailed. In the event that the Mayor is unable to attend an event, the Vice Mayor or a Councilmember will attend on behalf of the Council.

2. If a request for a proclamation or resolution is submitted with little verbiage, the requestor should be contacted and advised that a certificate of recognition is more appropriate for the occasion.

3. If a request for a perpetual plaque or award is submitted, the request will be directed to the appropriate commission, board, or committee for consideration and recommendation to the Council.

4. Requests for dedication of a municipal building, room, or facility, shall be considered in accordance with established written City Council Policy Number

8.01.003 “City of Rohnert Park Facility and Park Naming Policy and Park Amenity Donation Policy” adopted by Resolution 2018-107.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

C. Councilmember Participation in Community Activities
From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter. In the event any Councilmember, who is not acting as a Council designated representative, wishes to participate in community activities, committees, events or task forces may not use the City logo for such event unless prior approval is received from the City Manager.

D. Ethics
The City Council is committed to conducting business ethically and to follow all state and local regulations, including the Political Reform Act and the Ralph M.

Brown Act. The City has adopted a Code of Ethics by resolution appended herein for reference.

E. Expense Reimbursement
Pursuant to Government Code section 53232, et seq., the City Council Expense Reimbursement Policy provides guidance to elected and appointed officials on the use and expenditure of City resources and sets the standard of how those expenditures will be measured. The City Council Expense Reimbursement Policy is approved by the City Council via resolution and shall be appended herein for reference. Councilmembers shall refer to and adhere to the terms and conditions of the current City Council Expense Reimbursement Policy when incurring expenses using City resources. City Council Expense Reimbursement Policy is appended herein for reference.

1. Quarterly Expenditure Reports
A quarterly report of funds expended for each Councilmember for City business will be provided to the Council on the consent calendar of a regular meeting.

The report will generally be provided to the Council within 30 days of the end of each quarter.

2. Other Expenditure Reports
Per Government Code Section 53232.3(b), Councilmembers shall provide brief reports on meetings attended at the expense of the City at the next regular meeting of the legislative body.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

VII. COUNCILMEMBER ADMINISTRATIVESUPPORT
A. Council Mail & Correspondence
When incoming mail is received addressed to a Councilmember, it is opened by staff. Mail marked “personal” or “confidential” will be provided to the Councilmember unopened.

All Council member correspondence written with City resources (letterhead, typing, staff support, postage, etc.) will reflect the position of the full Council, not an individual Council member’s position. All Council member correspondence using City resources will be copied to the full Council. For example, responses to citizen letters will be copied to the full Council along with the original citizen correspondence.

1. At the discretion of the City Manager, on behalf of the Council, staff may prepare and mail thank you letters to boards, committees, congressional representatives, county supervisors, state assembly members and state senators amongst others.

2. If a Councilmember desires staff action regarding individually received correspondence, such as having it listed on the agenda or requesting a response from staff, the Councilmember shall submit the request to the City Manager or directly to staff so long as the City Manager is copied on any communication to staff.

3. When appropriate, the Mayor shall make representations on behalf of the entire Council as provided at a council meeting, and will sign any letters representing the position of the full City Council.

4. City Councilmembers shall avoid using City letterhead or other City resources when an objective person could construe that to do so would create the appearance of:
a. Using public office for personal gain or to promote personal business b. Giving preferential treatment to any person or group c. Impeding governmental responsiveness or efficiency

5. Types of Correspondence
a. General Correspondence (Non-Agenda Items)
If the correspondence relates to a City matter not on a forthcoming agenda, it is routed by the City Manager to the appropriate Department Head or staff member who may draft a response with copies to Councilmembers and appropriate staff members.
b. City Council Meeting/Agenda-Related Correspondence
If the correspondence relates to an item on a forthcoming City Council meeting agenda, it is provided to the City Clerk for inclusion in the Council packet for that business item and copied to the City Manager and

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

appropriate staff members.
c. Personal Correspondence
Upon request, City Councilmembers will be provided individual stationery and envelopes for use in communications reflecting their personal positions, not the position of the full Council. These communications (including email responses) will be prepared by and sent at the expense of individual Councilmembers. Council Members may utilize the City's outgoing mail service; however, postage will be at the Councilmember’s expense. d. Correspondence Responding to Proposed State or Federal Legislation In responding to correspondence from the City to State or Federal government representatives regarding proposed State or Federal legislation, the following process will be followed:

1. On longer-term policy issues as time permits:
a. The proposed legislation, along with a draft letter for the Mayor’s signature, will be placed on an upcoming City Council agenda for consideration by the full Council.
b. After a majority vote of the Council, staff will send the letter to the appropriate State or Federal representatives.

2. On matters of urgency, when there is insufficient time for the above process:
a. If the proposed legislation is considered extremely beneficial or extremely detrimental to the City’s interests, and after consultation between the Mayor and City Manager, a letter may be prepared immediately for the Mayor’s signature, with copies being provided to the whole Council.
b. This procedure is particularly appropriate if the City’s position is similar or identical to a past City position on this matter and/or is consistent with the position taken by the League of California Cities. e. Correspondence Related to Mayors’ & Councilmembers’ Association and City Selection Committee ‘Letters of Interest’
Upon request by City Councilmembers, full administrative support, including the use of letterhead, will be provided for use in submitting ‘Letters of Interest’ for appointment to the various committees/boards associated with the Mayors’ & Councilmembers Association and City Selection Committee assignments. Administrative support shall include the distribution of these communications as required to meet submission deadlines.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

f. Correspondence Related to Welcome Letters from the Mayor Upon request by the Mayor, full administrative support, including the use of letterhead, will be provided to write welcome letters for any conferences/conventions/events held within Rohnert Park. Administrative support shall include drafting the message, submitting the welcome letter for the Mayor’s signature, and sending the signed welcome letter to the requesting party to include within their brochure or program.

B. Master Calendar
A master calendar of Council events, functions or meetings will be provided to the full Council. Functions, events or meetings to be attended by individual Councilmembers will only be included on the master calendar at the request of individual Councilmembers.

C. Requests for Research or Information
Councilmembers may request information or research from staff or the City Attorney on a given topic directly when it is anticipated that the request can be completed by staff or the City Attorney in less than an hour. Councilmember requests for research or information that are anticipated to take staff more than one hour to complete should be directed to the City Manager. Requests for legal review that are anticipated to take more than one hour to complete shall be directed to the Council for Consideration during a council meeting. Requests for new information or policy direction will be brought to the full Council at a regular meeting for consideration.

D. Council Notification of SignificantIncidents
To ensure the City Council is aware of significant public safety incidents, the following incidents will be briefed through text message or phone call to the City Council by the City Manager or the Director of Public Safety:

1. Major injury or death of a City employee, City Councilmember, City Commissioner, Committee or Board member, or a prisoner in custody by the Department of Public Safety

2. Officer-involved shooting

3. Traffic collision involving a City vehicle resulting in a serious injury requiring hospitalization

4. Hostage or barricaded subject

5. Riot or other major disturbance (e.g., violent protest)

6. City participation in disaster response to other jurisdictions (e.g., strike teams sent to the San Diego fires)

7. Homicide or any unusual event leading to death

8. Major fire resulting in the loss of a structure

9. Assault where the victim may expire

10. Robbery with serious injury

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

11. Major sex crime with bodily injury

12. Kidnapping

13. A substantial school-related incident

14. Felony arrest of any City employee, or political figure

15. Found or threat of bomb or explosive device

16. Terrorist threat

17. Person/child struck in a crosswalk

18. Any event resulting in substantial media coverage (e.g., discovery of improperly stored bodies by funeral home)

19. Any Public Safety event involving an elected official, City Manager, department head that comes to the attention of the Department of Public Safety

20. Activation of the City’s Emergency Operations Center Requirements in existing law (e.g., juvenile information, notification of immediate family members) or the need to protect crime victims may restrict the ability to provide information. This policy is not intended to circumvent legal limits to restricted information. In cases where incidents not requiring Council action occur during the hours of 9:00 p.m. through 8:00 a.m., Councilmembers will be contacted the next morning or shortly thereafter.

At the discretion of the City Manager, bereavement offerings such as flowers and a card signed by Councilmembers, may be sent on behalf of the City and the City Council.

VIII. LIAISON ASSIGNMENTS
The Mayor assigns liaisons to various outside agencies, committees, commissions, boards, and taskforces.

1. Unless acting in an official liaison capacity, individual Councilmembers should refrain from attending meetings organized or chaired by City staff which are not open to the public.

2. Liaisons are obligated to keep Council well informed on activities pertaining to Rohnert Park via the Council Committee and Other Reports at Council meetings.

3. City staff may serve as a liaison with the concurrence of the CityManager.

IX. OUTSIDE AGENCY APPOINTMENTS
The Mayor nominates and the City Council confirms by majority vote of the membership appointments to outside agencies, committees, commissions, boards, and taskforces.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

1. An appointee’s role is to represent the City on matters affecting the City of Rohnert Park. Appointees have no authority to appropriate City funds except as otherwise approved by the City Council.

2. Appointees are obligated to keep Council well informed via Council meetings or City staff.

3. Appointees are expected to attend meetings on a regular and consistent basis.

4. Each appointee serves at the pleasure of the City Council. Any City Councilmember may bring forward a proposal to remove an appointee. Three affirmative votes of the City Council are required to remove an appointee.

5. City staff may be appointed with the concurrence of the City Manager.

X. COUNCIL COMMITTEES
A. Purpose
The City Council from time to time forms committees. These committees are formed to study, investigate, and make recommendations to the full Council regarding specific topics. In some instances these are standing committees and in other instances these are ad hoc committees. In order for the committees to serve effectively, it is necessary to establish certain policies for the conduct of City business by committees.

B. Appointment
Council committees will be appointed by the Mayor. Committee members will be promptly notified of their selection and the scope of the committee assignment. The Mayor will designate the term of the committee and identify whether it is a standing appointment (on-going) or a short-term (ad hoc) assignment.

1. Standing Committee is a committee that has a continuing subject matter jurisdiction or has a meeting schedule that is fixed by the Council.

2. Ad Hoc Committee is a committee that has a specific purpose and limited duration, does not have a continuing subject matter jurisdiction, and does not have a meeting schedule that is fixed by the Council.

C. Conflict of Interest
Should an appointee to a committee discover a conflict of interest with his/her appointment to the committee, that discovery will be communicated to the Mayor immediately.

D. Committee Meetings
Council committee meetings will be scheduled at times which allow for each member to attend. Each member should make an effort to accommodate the committee meeting schedule. The schedule of committee meetings will be promptly communicated to each committee member. Individual committee

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

members will not meet with other citizens or organizations during a fact finding process or other reason associated with the scope of the committee’s purpose without the knowledge of all committee members.

E. Communications
Committee members are obligated to keep all members well informed via the Council Committee and Other Reports at Council meetings, and will not purposely harbor or keep relevant information from other members.

F. Committee Materials
Meeting agendas will be compiled by staff for standing committees in accordance with requirements under the Brown Act. Committee materials will be provided to each committee member. These materials will be distributed to each committee member at the same time. Special arrangements may be made with committee members who are out of town when materials are distributed.

G. Committee Recommendations
Generally, committee members should reach agreement on findings and recommendations to present to the City Council. When the opinions of committee members are divergent, each member may submit his/her findings and recommendations separately to the City Council.

H. Staffing
Councilmembers assigned to committees will observe the City Council Protocols regarding staff assignment of duties. Only the City Manager will assign staff to committees for the purposes of administrative services, to attend committee meetings, and to assist with committee presentations to the City Council.

XI. CITY COMMISSIONS, COMMITTEES, AND BOARDS
A. Appointments to City Commissions, Committees, and Boards The following procedures will be used in considering appointments by the City Council to the various City commissions, committees, and boards which extend for a term in excess of six (6) months:

1. All persons interested in being considered for service on a City board, commission, or committee must have on file with the City an application (factsheet) or request for reappointment indicating an interest in serving.

Councilmembers may not appoint city employees to serve in City Committees, Commissions and Board.

2. For City commissions, committees, and boards with five (5) members, each Councilmember shall be entitled to appoint one member. All other commissions, committees, and boards not divisible by five (5) shall be selected by the Council as a whole on an “at-large” basis.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

3. At-large nominees must receive a majority vote of the City Council membership in order to be appointed.

4. Nominations/appointments are made on a rotation basis. Rotation order is by seniority, based on 1) the date first elected to City Council to present continuous period of service and 2) the number of votes received in the event of a tie in period of service. In circumstances in which two members have the same tenure on the City Council, the number of votes received in the election determines the position in the sequence, with the Councilmember receiving the highest number of votes being first. If a Councilmember is appointed to fill a mid-term vacancy, that Councilmember will go to the bottom of the rotational list. The City Clerk shall keep a record of the appointments and the Councilmembers’ rotation order. The rotation order shall stay intact for future appointments unless amended or rescinded.

5. Whenever an appointed member of a commission, committee, or board vacates a term of office, the Councilmember who nominated/appointed said person, or the Councilmember’s successor in office, shall be entitled to make the appointment to complete the term of office.

6. Whenever a vacancy occurs on a City commission, committee, or board, the City Clerk shall post a notice of the vacancy notifying the public of the vacancy to be filled and the date that applications will be considered to fill the vacancy in compliance with the Maddy Act.

7. The City Council may establish committees, commissions, boards, or other taskforces with a nomination/appointment process as the Council deems appropriate.

B. Policy for Service on City Commissions, Committees, and Boards

1. Attendance
Members of commissions, committees, and boards are expected to attend meetings on a regular and consistent basis. Board members, commissioners, and committee members should inform the staff liaison in advance if they are unable to attend a meeting. Absence without cause from three consecutive regular meetings or more than three regular meetings within a twelve-month period shall be deemed an automatic resignation. Cause means “illness or other unavoidable circumstance of which the staff is notified prior to the meeting.” Vacations and other travel are not cause. The City clerk shall notify the appointing Councilmember and issue a notice of automatic resignation and post the vacancy.

2. Removal
Each member of a board, commission, or committee created and appointed by the City Council serves at the pleasure of the City Council. Any Councilmember may bring forward a proposal to remove a board, commission, or committee member.

Three (3) affirmative votes of the City Council are required to remove a member of a board, commission, or committee.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

3. Role
Most commissions, committees, and boards established by the City Council are advisory to the City Council. The role of all such commission, committee, or board is to make recommendations to the City Council on matters affecting the City of Rohnert Park. Except as otherwise provided in state or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council.

4. Conflict of Interest
All members of commissions, committees, and boards shall abide by the provisions of the Political Reform Act of the State of California and provisions of the common law relating to conflicts of interest.

XII. COUNCIL VACANCY
Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512.

XIII. USE OF CITY COUNCIL CHAMBER
A. The primary purpose of the City Council Chamber, a portion of Rohnert Park City Hall, is for the use of the City Council, Planning Commission, other City Council advisory bodies, and other groups and committees of the City and such other intergovernmental or citizens groups as the City may convene.

B. A calendar of use shall be maintained by the City Clerk’s office, and all requests for use should be regularly calendared or scheduled through that office.

C. The City Council Chamber shall not be used for political or commercial purpose except as outlined in the following paragraph:

D. The City shall allow the use of the Council Chamber for the conduct of election forums, whether for city, county, state, or national offices/ballot measures under the following circumstances:

1. When the forum is sponsored by a 501(c)(3) non-profit agency, a legitimate non-partisan group, or a governmental agency.

2. When all candidates for that public office have been invited to participate, and a majority of the candidates have indicated that they will do so. (Candidates’ forum only.)

3. When the event is chaired and moderated in an impartial and objective way which is fair to all candidates/ballot measures.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

4. In accordance with Government Code section 54964, staff shall ensure that any use of city funds to promote or host a forum on any ballot measure complies with the following requirements: (1) any use of funds for informational activities related to the forum is not prohibited by the Constitution or laws of the State of California, and (2) any informational materials provided through the use of city funds constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in reaching an informed judgment regarding the ballot measure. In accordance with Government Code section 54964, staff shall also ensure that funds are not used for the purpose of supporting or opposing the election or defeat of any candidate.

E. Use of City-owned and operated television and broadcasting capability shall be limited to broadcast of City Council, Planning Commission , and other City advisory body meetings, for use every two years by the League of Women Voters for a Council Candidate Forum, and for City-related emergency or informational purposes as authorized by the City Manager. Use of the video broadcasting system by an outside agency is not allowed except with the permission of the City Council at least two weeks prior to the event. If such use is granted it is subject to appropriate personnel – equipment – overhead charges as established by the City Manager.

F. Approval for use of City Council Chamber for uses other than the above would have to be approved by the City Council at least two weeks prior to the event.

XIV. FAILURE TO OBSERVE COUNCIL PROTOCOLS
These protocols are adopted to expedite the transaction of the business of the Council in an orderly fashion and are procedural only and the failure to strictly observe such rules does not affect the jurisdiction of the Council or invalidate action taken at a meeting that is otherwise held in conformity with law.

City Council Protocols
Amended 3/22/2022 by Reso. No. 2022-036

XV. APPENDIX
Document Description

1. Resolution No. 2019-013 - Establishing the Start Time for Regular Meetings

2. Rosenberg’s Rules of Order

3. Resolution No. 97-32 – Code of Ethics

4. Policy 1.02.004 – Expense Reimbursement for City Council

Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg

ii
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 League 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 Government 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.

1 Table of Contents
About the Author............................................................................................................ii 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 To Debate or Not to Debate............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input..................................................................................7

2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.

A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.

When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.

The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.

The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is 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 chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.

Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion 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 do so at that point in time.

The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.

Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:

Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.

Hence, the birth of Rosenberg’s Rules of Order.

What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.

This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:

1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.

2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.

3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.

4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.

3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.

Tenth, the chair should announce the result of the vote and what 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 voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body.”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.

Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings.”
The chair usually initiates the motion in one of three ways:

1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order.”

2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings.”

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 so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.

The Three Basic Motions
There are three motions that are the most common and recur often at meetings:

The basic motion. The basic motion is the one that puts forward a 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 our annual fundraiser.”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.

Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.

Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.

Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.

If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).

Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.

Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.

Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.

This is done in one of three ways:

1. The chair can ask the maker of the motion to repeat it;

2. The chair can repeat the motion; or

3. The chair can ask the secretary or the clerk of the body to repeat the motion.

Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then 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.

4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would 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 agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.

Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.

Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.

To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.

There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):

Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.

Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.

Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote.

The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.

The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.

A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to 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 determines that it is really a “substitute motion,” then the chair’s designation governs.

A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down 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 members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion.” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.

Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.

The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.

When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser.” And perhaps, during that discussion, a 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:

5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.

Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.

Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.

Counting Votes
The matter of counting votes starts simple, but can become complicated.

Usually, it’s pretty easy to determine whether a particular motion 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 favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.

If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in 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 vote to pass the motion.

What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.

Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.

In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this 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 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October.” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.

Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question.” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.

However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.

When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough 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 limit debate. The motion to limit debate requires a two-thirds vote of the body.

Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.

Majority and Super Majority Votes
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 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.

All motions require a simple majority, but there are a few exceptions.

The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:

Motion to limit debate. Whether a member says, “I move the 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 ability of the minority to discuss an item, and it requires a two-thirds vote to pass.

6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain,” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain.”) In fact, 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 written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.

Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and 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 does not actually leave the dais.

The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate 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 if a proper motion to consider is made and passed.

A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.

First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to 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 a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled 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 brought back to the body again and again, which would defeat the purpose of finality.

If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.

California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.

After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those 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,” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting.” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), 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 body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.

How does this work in practice?
Here are a few examples.

Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the 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 voting.” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.

Assume a five-member city council voting on a motion that requires 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.

If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes,” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.

Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present.” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were 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.

7 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 motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.

Call for orders of the day. This is simply another way of saying, “return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has 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 chair’s determination may be appealed.

Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.

Special Notes About Public Input
The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:

Rule One: Tell the public what the body will be doing.

Rule Two: Keep the public informed while the body is doing it.

Rule Three: When the body has acted, tell the public what the body did.

Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to 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 common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.

The chair should always ensure that debate and discussion of an 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, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. A speaker may be interrupted for the following reasons:

Privilege. The proper interruption would be, “point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would 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 with a person’s ability to hear.

Order. The proper interruption would be, “point of order.” Again, 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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RESOLUTION NO. 2015- 151

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK

APPROVING AND ADOPTING AN AMENDED EXPENSE REIMBURSEMENT

POLICY FOR CITY COUNCIL AND REPEALING CURRENT EXPENSE

REIMBURSEMENT AND USE OF PUBLIC RESOURCES POLICY
WHEREAS, Government Code section 36514.5 provides that city council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties; and WHEREAS, reimbursement for these expenses is further regulated by provisions set forth in Government Code Sections 53232. 2 and 53232. 3; and
WHEREAS, on January 27, 2004, the City of Rohnert Park ( "City ") adopted Resolution 2004 -19, which established a " Policy for Reimbursement of Expenses for City Council Members "; and
WHEREAS, on January 24, 2006, the City adopted Resolution 2006 -42, which adopted a Policy for "Expense Reimbursement and Use of Public Resources "; and WHEREAS, on August 8, 2006, the City adopted Resolution 2006 -206, which adopted an " Expense Reimbursement and Use of Public Resources Policy" and repealed Resolutions 2004 -019 and 2006 -42; and
WHEREAS, the City Council wishes to make certain changes and clarifications to the Expense Reimbursement and Use of Public Resources Policy adopted through Resolution 2006- 206.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Rohnert Park hereby repeals Resolution No. 2006 -206; and
BE IT FURTHER RESOLVED, that the Policy entitled "Expense Reimbursement for City Council," attached as " Exhibit A" to this Resolution, is hereby adopted.

DULY AND REGULARLY ADOPTED this
8th
day of September, 2015.

C OF R HNERT PAI2
Mayor Amy`O. Ahanotu
ee
ATTEST:
t
oAnne M. Buergler, City Clerk
Attachment: Exhibit A
CALLINAN: 01 e MACKENZIE: q
P
AYES: ( ) NOES: (
STAFFORD:

G) ) ABSENT: ( )
BELFORTE:

ABSTAIN: ( 0 )
AHANOTU: AV

CITY OF ROHNERT PARK

CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER:

EXPENSE REIMBURSEMENT
FOR CITY COUNCIL /, c;;. oo1 qjrtjzo;C>-

TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................................................... 1

1. PURPOSE ............................................................................................................................................... 2

2. SCOPE ................................................................................................................................................... 2

3. BACKGROUND ...................................................................................................................................... 2

4. PROVISIONS .......................................................................................................................................... 2

5. AUTHORIZED EXPENSES ........................................................................................................................ 3

1. Examples of Authorized Expenses .................................................................................................... 3

2. Expenses Requiring City Council Approval ....................................................................................... 3

3. Personal Expenses ............................................................................................................................ 3

6. COST CONTROL ..................................................................................................................................... 4

1. Budgeting Practices .......................................................................................................................... 4

2. Mayor's Supplemental Budget ......................................................................................................... 4

7. TRANSPORTATION ................................................................................................................................ 4

1. Airfare ............................................................................................................................................... 4

2. Automobile ....................................................................................................................................... 4

3. Car Rental ......................................................................................................................................... 4

4. Taxis /Shuttles .................................................................................................................................. 5

8. LODGING ............................................................................................................................................... 5

9. MEALS ................................................................................................................................................... 5

10. TELEPHONE/FAX/CELLULAR ................................................................................................................. 5

11. AIRPORT PARKING ................................................................................................................................ 6

12. OTHER EXPENSES .................................................................................................................................. 6

1. Baggage Handling Fees ..................................................................................................................... 6

2. Outside Agency Reimbursement ...................................................................................................... 6

3. Parking Fees ...................................................................................................................................... 6

4. Spreckels Performing Arts Center .................................................................................................... 6

13. CASH ADVANCES ................................................................................................................................... 6

14. CREDIT CARD USE ................................................................................................................................. 6

15. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE .................................................................. 6

16. AUDITS OF EXPENSE REPORTS .............................................................................................................. 7

17. REPORTS TO GOVERNING BOARD ........................................................................................................ 7

18. COMPLIANCE WITH LAWS .................................................................................................................... 7

19. VIOLATION OF THIS POLICY .................................................................................................................. 7 APPENDIX ..................................................................................................................................................... 7

SUBJECT /TITLE:

EXPENSE REIMBURSEMENT

FOR CITY COUNCIL

1. PURPOSE

CITY OF ROHNERT PARK

CITY COUNCIL POLICY
POLICY NO: DATE APPROVED:

I; d :A~ tJCJ t.(
REVISION NUMBER:

To establish City of Rohnert Park ("City") policy and prescribe guidelines related to expenses incurred on behalf of, or reimbursed to, elected City Councilmembers.

2. SCOPE
This policy applies to all elected City Councilmembers.

3. BACKGROUND
Government Code section 36514.5 provides that City Councilmembers may be reimbursed for actual and necessary expenses incurred in the performance of official duties. Assembly Bill 1234, which took effect on January 1, 2006, adds Article 2, 3, commencing with Government Code section 53232, to the Government Code, addressing expense reimbursement to public officials. In addition, City of Rohnert Park Municipal Code Section 2.12.050- Reimbursement, provides for reimbursement to council members for actual and necessary expenses incurred during the performance of official City duties.

4. PROVISIONS
The City takes its stewardship over the use of limited public resources seriously and acknowledges that public resources should only be used when there is substantial benefit to the City from those actions. Such benefits include:

1. The opportunity to discuss the community's concerns with state and federal officials;

2. Participating in regional, state and national organizations whose activities affect the City;

3. Attending educational seminars designed to improve officials' skill and information level; and

4. Promoting public service and morale by recognizing such service.

Legislative and other local, regional, state and federal agency business is frequently conducted over meals; sharing a meal with regional, state and federal officials is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City's policy concerns; and each meal expenditure must comply with the limits and reporting requirements of local, state and federal law.

This policy provides guidance to elected and appointed officials on the use and expenditure of City resources, as well as the standards against which those expenditures will be measured. This policy supplements the definition of actual and necessary expenses for purposes of state laws relating to permissible uses of public resources and supplements the definition of necessary and reasonable expenses for purposes of federal and state income tax law. This policy also applies to any councilmember-related charges made to a City credit card or other line of credit with the exception of expenses incurred for cityrelated event participation fees, and educational and/or training programs.

CITY OF ROHNERT PARK

CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER:

EXPENSE REIMBURSEMENT
FOR CITY COUNCIL (r O:Z~tJ() i

5. AUTHORIZED EXPENSES

1. Examples of Authorized Expenses
City funds, equipment, supplies (including letterhead, note cards, and printer cartridges), and staff time must only be used for authorized City business. Any questions regarding the propriety of a particular type of expense should be resolved by the City Council before the expense is incurred.

Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:
a. Communicating with representatives of local, regional, state and national government on City adopted policy positions;
b. Attending educational seminars designed to improve officials' skill and information levels;
c. Participating in local, regional, state and national organizations whose activities affect the City's interests;
d. Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost); e. Attending City events;
f. Implementing a City-approved strategy for attracting or retaining businesses to the City typically involving at least one staff member; and g. Other actual and necessary expenses incurred for city-related business.

2. Expenses Requiring City Council Approval
a. International and out-of-state travel; and
b. Expenses which exceed the annual budget limits established for each City Council member.

3. Personal Expenses - Examples of personal expenses that the City will not reimburse include, but are not limited to:
a. The personal portion of any trip;
b. Political or charitable contributions or events;
c. Family expenses, including partner's expenses when accompanying official on agency-related business, as well as children or pet-related expenses; d. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and /or golf related expenses), or other cultural events;
e. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and
f. Personal losses incurred while on City business.

CITY OF ROHNERT PARK

CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER:

EXPENSE REIMBURSEMENT ;, {) J~tJ f) L( FOR CITY COUNCIL

6. COST CONTROL
To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within these guidelines.

1. Budgeting Practices· City will budget an equal amount for each councilmember including the seated mayor. To control costs, a councilmember may not incur costs or receive reimbursements in excess of the budgeted amount. The City Council may increase the budgeted amount for a councilmember during the fiscal year.

2. Mayor's Supplemental Budget- In addition to amounts allocated for each councilmember, the City will budget an equal amount for the mayor serving the first half of the fiscal year and for the mayor serving the second half of the fiscal year. Only the sitting mayor may incur costs or receive reimbursements charged to this respective budget line item.

7. TRANSPORTATION
The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Government and group rates must be used when available.

1. Airfare - The City will pay only the costs for the most direct route and least expensive travel necessary to accomplish the purpose of City-related travel. Travelers shall fly coach class on the lowest cost flight/s available at the time travel is needed for the most direct route to the final destination. This could include reasonably scheduled layovers up to 1 and 1/2 hours when in route to the final destination. Any additional cost resulting from deviation from the most direct route will not be reimbursed unless incurred for the benefit of the City, as determined by the Approving Official. Travelers that choose to use their personal frequent flyer miles for City business shall not be reimbursed for the value of the tickets. Only out of pocket costs for City-related air travel will be reimbursed.

2. Automobile- Automobile mileage is reimbursed at Internal Revenue Service rates in effect at the time the expense is incurred. These rates are designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable.

3. Car Rental- Rental cars are only allowed for business reasons (i.e., travel to and from a hotel and a conference if this service is not included in the event/conference registration) and with prior approval by the Finance Director. Cars rentals shall only be approved, if other methods of ground transportation (such as shuttles or taxis) are more expensive during the stay at the destination. If a rental car is approved, it is the traveler's responsibility to only rent a Compact, or equivalent rental car, and to reduce

CITY OF ROHNERT PARK

CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER:

EXPENSE REIMBURSEMENT
FOR CITY COUNCIL /r (}~,I)(J r
the total cost of the car rental by reducing optional costs such as vehicle options and refueling charges. Traveler shall refuel the rental car prior to returning the rental car if additional charges apply for refueling. A rental car level above Compact requires prior approval by the Finance Director and is only authorized for group travel.

Car insurance for rental cars is not necessary if the rental car is being used for City business. The City, as the employer, bears responsibility for damage or injury arising from a traveler's use of the rented vehicle, provided that the use is within the scope and course of their employment. Presently the City covers this responsibility through self-insurance.

When travelers on City business are renting vehicles and use the rental car for personal transportation, any liability arising from personal use will be the responsibility of the traveler. Because of this liability, the traveler may purchase additional insurance coverage, but it will be at the traveler's sole expense (i.e., non-reimbursable by the City).

4. Taxis /Shuttles- Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal to or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.

8. LODGING
Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If group rates are not available, reimbursement shall not exceed available government rates established at time of travel. If government rates are not available, reimbursement for lodging expense shall not exceed 150% of the GSA per diem limits (see www.gsa.gov)

9. MEALS
Meal expenses and associated gratuities will be reimbursed at the rates specified in City Administrative Policy 128.8- Travel/Expense Policy (meals).

10. TELEPHONE/FAX/CELLULAR
Officials will be reimbursed for actual telephone and fax expenses incurred on City business. As necessary, officials will be provided a City-owned fax machine and any other equipment as the full City Council determines necessary to use in the conduct of its official business.

CITY OF ROHNERT PARK

CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER:

EXPENSE REIMBURSEMENT
FOR CITY COUNCIL (- V ;?ctJO f

11. AIRPORT PARKING
Long-term parking, as opposed to short-term parking, must be used for travel exceeding 24 hours.

12. OTHER EXPENSES

1. Baggage Handling Fees- Baggage handling fees are reimbursable up to $1 per bag and up to 15 percent for associated gratuities.

2. Outside Agency Reimbursement- Expenses for which City Councilmembers receive reimbursement from another agency are not reimbursable by the City.

3. Parking Fees - Parking fees for City-related business and associated activities will be reimbursed.

4. Spreckels Performing Arts Center- Each official shall be issued one complimentary ticket for each performance at the Spreckels Performing Arts Center.

13. CASHADVANCES
Cash advances are prohibited by the City.

14. CREDIT CARD USE
The City does not issue credit cards to individual office holders but does have an agency credit card for selected City expenses. City office holders may request City administrative support staff to use the City's credit card for such purposes as purchasing airline tickets and making hotel reservations. In compliance with this policy, receipts documenting expenses incurred on the City credit card must be submitted to the Finance Department by the cardholder when received.

City credit cards may not be used for personal expenses, even if the official subsequently reimburses the City. Cash advances on credit cards are not permitted.

15. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE
All Councilmember reimbursement requests must be submitted on an expense report form provided by the City. This form shall include the following advisory:
"All expenses reported on this form must comply with the City's policies relating to expenses and use of public resources. The information submitted on this form is a public record. Penalties for misusing public resources and violating the City's policies include loss of reimbursement privileges, restitution, civil and criminal penalties as well as additional income tax liability."

CITY OF ROHNERT PARK

CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER:

EXPENSE REIMBURSEMENT
FOR CITY COUNCIL /o;z.oo f
Expense reports must document that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and how those relate to the City's adopted legislative positions and priorities.

Officials must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation.

Inability to provide such documentation in a timely fashion may result in the expense being borne by the official.

16. AUDITS OF EXPENSE REPORTS
All expenses are subject to policy compliance verification.

17. REPORTS TO GOVERNING BOARD
Each Councilmember shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body (GC Section 53232.3(d)). Such reports shall be made under the Council Committee/Liaison/Other Reports section of City Council meeting agendas. If multiple officials attended, a joint report may be made. In addition, staff shall submit Council expense summary reports for acceptance by the Council on a quarterly basis.

18. COMPLIANCE WITH LAWS
City officials should keep in mind that some expenses may be subject to reporting under the Political Reform Act and other laws. All documents related to reimbursable agency expenditures are public records subject to disclosure under the Public Records Act (Chapter 3.5 commencing with Section 6250 of Division 7, Title 1 ).

19. VIOLATION OF THIS POLICY
Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: 1) loss of reimbursement privileges, 2) a demand for restitution to the City, 3) the City reporting the expenses as income to the elected official to state and federal tax authorities, 4) civil penalties of up to $2,000 per day and three times the value of the resources used, and 5) prosecution for misuse of public resources.

APPENDIX

1. Policy 128.8- City of Rohnert Park Travel/Expense Policy (meals)

CITY OF ROHNERT PARK

CITY COUNCIL POLICY
SUBJECT/TITLE: POLICY NO: DATE APPROVED: REVISION NUMBER:

EXPENSE REIMBURSEMENT
FOR CITY COUNCIL /d;z, ~tJ'-(
APPROVED BY:
0 MINUTE ORDER DATE: _____ _
¢ RESOLUTION NO. :(,tJ/5-- /5/
0 MINUTE ORDER DATE: _____ _

PURPOSE
·CITY OF ROHNERT PARK

TRAVEL/EXPENSE POLICY
Policy#: 1.01.001
Type: CM Admin.

Effective Date: 1981
Former Policy#: 128.08
The purpose of this policy is to establish guidelines for the expenditure of public funds for authorizing attendance, travel and reimbursement of expenses for City employees, attending conferences, training, meetings and other City related business. Council Members, Commissioners and Board Members, Contract Employees and Consultants are not covered under this policy.

Business travel is defined as authorized attendance at conferences, meetings and seminars or authorized travel for any other purpose in connection with official City responsibilities. Business travel includes day trips and trips requiring one or more overnight stays.

GENERAL
The City of Rohne1t Park encourages and promotes training and education of its staff. However, personal business should not be mixed with official business if it will cost the City anything in dollars and lost time, or if it will harm the City's interests in any way. This policy assumes mutual trust between the City and its employees.

These guidelines are not intended to address every issue, exception or contingency that may arise in the course of City travel. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Many of these guidelines simply reaffirm values in judgment that we already practice.

POLICY
This policy is to assure that City employees adhere to procedures when mTanging travel, lodging, meals and other expenses. The City expects to pay all reasonable expenses incurred for travel, conferences, meetings and meals as a result of conducting authorized City business. This policy also assures that City employees will receive advances/reimbursements in a timely manner.

Travel and Authorization: Travel is distinguished between local and overnight. Funds must have been approved in the adopted budget for both. Local travel must be completed within one day and only automobile travel is authorized for these trips unless previously noted in the budget. (The City's Vehicle Use Policy outlines the guidelines for all vehicle use for conducting City business.)
Each Department Head shall be held responsible and accountable for the interpretation and administration of the Travel and Expense policy within his/her department. Department Heads will be expected to consult with the Director of Administrative Services and/or the City Manager on any questions related to this policy. An individual may not authorize or approve

reimbursement for his/her travel; claim forms/expense reports must be approved by the individual's supervisor.

Overnight travel by a Depm1ment Head must be approved in advance by the City Manager. All temporary employees, contract employees or consultants must receive express authorization in advance from the City Manage for all travel and conferences. The City Manager may authorize the request subject to his/her discretion and subject to City Council approval.

Travel and meeting expenses are not intended for reimbursement of meals for departmental meetings, which are attended by City staff only, especially when a meeting can be scheduled during normal business hours.

Travel Arrangements: Travel arrangements shall be made as far in advance as possible to obtain the best possible fares and rates. If travel arrangements must be cancelled for any reason, the person who made the arrangements shall cancel them in sufficient time to prevent the City fi·om incurring unnecessary costs.

If travel involves the purchase of airline tickets, all arrangements must be made through the City Manager's office. Cooperative purchase agreements will be utilized in the purchase of tickets whenever feasible, price and other factors considered. If necessary, the City will contract with a local travel agent chosen through a competitive bid process.

Any discount coupons, frequent flyer miles, etc., are the property of the City of Rohnert Park and should be surrendered upon return to the City.

Transportation: Travelers shall use whatever mode of transportation is the most logical and overall least expensive. These guidelines do not require you to take a bus, stay in a cheap motel or eat at only fast food restaurants. A bus or train may cost less than a plane, but the added time away from work can make this slower option more expensive to the City overall.

You are responsible for exercising good judgment in requesting, arranging and making a trip. If an employee elects to use a mode of transportation other than the most logical and overall least expensive, the City will pay only the cost of the most logical and overall least expensive. The difference between the selected mode and the overall least expensive mode shall be considered the employee's personal expense; and any additional lodging and meal expenses resulting from the employee's selection shall be also paid by the employee. In addition, the employee shall charge any additional time spent in route during normal work hours to vacation or a similar leave. This paragraph does not apply to special accommodations made to qualified employees under the American with Disabilities Act provided that the alternate mode of transportation is approved in advance by the Department Head or City Manager.

If the most logical and overall least expensive mode of transportation is determined to be a City vehicle or the traveler's private vehicle, the traveler shall comply with the City's Vehicle Use Policy. Employees will be compensated for the use of their private vehicle at the current IRS standard mileage rate. The Employees mileage shall be calculated from their designated work

site to the destination. The Employees who receive a car allowance will be compensated at the current IRS standard mileage rate for all miles in excess of 75 miles in a single roundtrip.

To drive a privately owned vehicle on City business you must:
•
•
•
Possess a valid California Driver's License
Carry liability insurance limits requested by the City's Risk Management Manual Realize that any damage to the car, needed service or repair occurring on the trip will be your responsibility.

The City will pay all expenses, such as bridge tolls and parking fees, incurred on City business.

Air travel on City business should be coach class. Take advantage of lower airfares by booking flights as early as possible. You may sometimes avoid higher airfare by staying over a Saturday night. In some instances, an extra night in a hotel/motel can be much less that the added cost of the airfare.

Department Heads may consider taking different flights in case an emergency may occur in flight. A generally accepted rule is to have no more than two members on the same flight, if there is a strong possibility of danger while traveling.

Lodging: The City will pay lodging expenses for City employees during business travel requiring one or more overnight stays. The City will pay for lodging for the evening preceding or subsequent to a meeting or business event when the employee would have to travel at unreasonable early or late hours to reach his/her destination. Such overnight stays shall be preauthorized by the Depmiment Head or City Manager.

Employees shall make an effmi to obtain lodging at or near the facility were official City business is to take place to minimize travel time and transportation costs. The City will only pay for standard single rooms for individual employees. Single standard rooms at conference, government or corporate rates shall be requested. Also, when making reservations, be sure to ask about local transient occupancy tax (TOT): some cities exempt travelers on City business, some do not.

The City will pay for a double room only if two employees share a room. If a double room is requested by an employee because he/she is accompanied by family members or guests, the difference between the single and double room rate shall be considered the employee's personal expense.

Employees shall cancel any reservations for lodging they will not use. Any charge for an unused reservation shall be considered the employee's personal expense unless failure to cancel the reservation was due to circumstances beyond the employee's control.

Meals: City will pay for an employee's meals during business travel and incidental expenses (including snacks, tips and non-business telephone calls, etc. at a rate of $60.00 per day.)

The following per diem amounts (including beverages, taxes and gratuities) are allowed for meals:

Breakfast
Lunch
Dinner
Incidental
Total Per Diem
$12.00
$18.00
$25.00
$ 5.00
$60.00
Because of reimbursement limitations by other agencies (such as P.O.S.T.) or other budget constraints, Department Head or the City Manager may authorize lower meal allowances. Any reimbursements exceeding these allowances require approval by the Department Head or City Manager,
In calculating meal allowances for parti.al days, the following guidelines should be used:

Departure
• If you depart after 8:00 a.m., you may not claim meal for breakfast allowance for that day.
• If you depart after 2:00p.m., you may not claim meal for breakfast and lunch allowance for that day.
• If you depart after 8:00p.m., you may not claim all meal allowances for that day.

Return
• If you return after 8:00 p.m., you may claim the full per diem meal allowance for that day.
• If you return between 2:00p.m. and 8:00 p.m., you may claim the breakfast and lunch allowance.
• If you return between 8:00a.m. and 2:00p.m., you may claim the breakfast allowance.

General
• If meals are provided without charge at a meeting or while in transit (meals served on a plane, for example), appropriaie deductions must be made from the per diem meal allowance.

Alcoholic Beverages: City funds should not be used to purchase alcohol or reimburse employees for alcohol related costs. The City Manager may approve exceptions to this policy on a case-by-case basis for special receptions or other unique circumstances. This discretion applies primarily to non-travel related expenditures such as special receptions and not routine travel or meetings by City employees.

Spouses and Guests: Spouses and guests are welcome to accompany you on City travel and at conferences, seminars and meetings. However, any additional costs associated with the participation of your spouse or other guests are your responsibility.

Guests as passengers in City vehicles: Due to liability concems, non-City employees should not ride as passengers in City vehicles when it is not directly related to City business. However, Depmiment Heads or the City Manager may approve exceptions on a case-by-case basis, subject to review by the Risk Manager.

Unauthorized Expenses: Items of a personal nature are not reimbursable including: movies, entetiainment, premium television services, alcoholic beverages, dry-cleaning, spas, gyms, barber/hairdresser, magazines, shoe shines, travel insurance, purchase of clothing or toiletries, loss of tickets, fines or traffic violations, excess baggage costs, spouse and/or guests accommodations, repairs to personal vehicles, office equipment and other items of personal nature. Optional tours, banquets or other activities not related towards professional advancement offered through the conference, but at an additional cost to registration, are solely at the discretion of the employee and will be considered as a personal expense.

If unauthorized expenses have been paid by the City by credit card, cash advance or petty cash, the employee will be responsible for reimbursement within 10 days to the City.

Accounting for Expenses: When you retum from your trip or official function, a final accounting of all expenses must be approved by your Depmiment Head or City Manager and · submitted to the Finance Department within ten (1 0) working days. An expense report is required in all cases with all required receipts attached.

Payment for allowable travel expenses may be in the form of prepayment by City check, City credit card payment, travel advances in an amount equal to estimated expenses and/or out-ofpocket payments by the employee.

Any unused amount of travel advance shall be retumed to the City. Non-allowable expenses shall be deducted from any reimbursement due to the employee for out-of-pocket expenses.

Discretion: This policy does not claim to have addressed all contingencies and conditions.

Expenses will be reviewed for reasonableness based on price differentials in different cities.

Any necessary and reasonable expense that may from time-to-time be justified due to circumstances or opportunities for the City, will be honored upon approval by the Department or the City Manager. Those expenses will be reimbursed to the traveler with adequate documentation and justification. Unnecessary or exorbitant expenses will be disallowed.

Original receipts and copies of the conference schedule will be required to substantiate ALL expenses. No reimbursement will be granted without a receipt or outside the 10-day submittal restriction.

RESOLUTION NO. 03/08

EXHIBIT A

LARKSPUR CITY COUNCIL AMENDED PRINCIPLES OF OPERATION

1. City Council Meetings
a. Attendance: Be on time to meetings. Absences or lateness should be communicated to the City Manager as soon as possible.
b. Agendas and Reports: Do your homework well enough ahead of time so that when the City Manager calls the day before a Council meeting, you can ask questions. Ask questions beforehand to avoid “late hits” at a meeting so that staff can be prepared to fully respond to your questions. Communicate beforehand so there are no surprises at a meeting for staff or other Council members.
c. Adjournment of Meetings. The Council has established a goal of adjourning the public portion of a city council meeting by 10:30 p.m. d. Votes: No votes are taken on major issues after about 10:30 p.m. in order to keep focused. It is the Mayor’s role to facilitate and summarize the councilmember comments prior to calling for a vote.

No votes are taken on major issues unless all members of the City Council are present, or unless the absent Councilmember(s) have suggested that Council take up the matter despite his/her absence. e. Discussion: Council members are urged to “get to the point”; e.g., be succinct. Not all votes will be unanimous, so agree to agree and agree to disagree, and then move on to act for the best interests of Larkspur. f. Decorum: No personal verbal attacks on citizens, staff or fellow Council members. The Mayor will curtail discussion to focus on issues, not personalities.
g. Mayoral Succession: For clarity and to avoid personal differences, the Council has adopted a policy of succession for Mayor and Vice Mayor, which should be periodically reviewed.
h. Closed Sessions: Only items agendized under the Brown Act may be discussed in closed session with the City Attorney or Labor Negotiator. The Council does not discuss with other parties anything discussed in closed session.
i. Brown Act: The Council strictly adheres to the Brown Act, which regulates discussion of items before the public, noticing, agendas, etc. j. Conflict of Interest: Besides state statute, the Council has a policy to avoid even the perception of a conflict of interest. Council members have routinely stepped down when a perceived or actual conflict arises. The City’s Conflict of Interest policy is reviewed every two years, and the policy is attached for ease of reference. k. Appeals: Council members visit the appeal site prior to the discussion.

If we meet the applicant or appellant on site, we do not express our

individual judgment prior to the public hearing so as not to jeopardize the public process.
l. Consent Calendar: Routine items are placed on the consent calendar, but may be discussed under Business if a Council Member or member of the public requests discussion.
m. Minutes: Council minutes are a summary of discussion and a record of actions, not verbatim statements.

2. Relationship to City Staff
a. The City Council does not micromanage our city departments.

Individual Council member issues and gripes go to the City Manager.

Questions of department heads should be as specific as possible, preferably through the City Manager.
b. The City Council does not directly discuss matters with the City Attorney. Legal issues should be raised through the City Manager. c. The Council does not participate directly in labor negotiations, as we have a contract Labor Negotiator. We do not discuss labor issues with any member of the City staff.

3. Relationship to Boards and Commissions
a. The Council does not micromanage Boards and Commissions. We trust their judgment. On major policy issues, the Council holds workshops with the Boards and Commissions to ensure we have input before an issue direction is pursued.
b. The Council has liaisons to every Board and Commission as another avenue of dialogue.
c. Individual council members may attend Board and Commission meetings. As a courtesy, a Council member should let the Chair of the Board or Commission knows he or she is an observer.

4. Relationship to the Press
a. Press Liaison. The City Council has delegated the City Manager to speak for the City. Occasionally the Mayor or other Council members may talk to the press when the Manager is unavailable and when the Council has already taken a position on a policy.
b. Council Opinions. Council members do not make separate statements of opinion about Council actions through the press unless the Council has agreed that person speaks on behalf of the Council. The Council discusses issues in open public meetings in Council chambers, not through the newspapers.
c. Opinion Pieces. Opinion Pieces may be written from time to time by a Council member upon agreement and review by the City Manager.

5. Council Positions on Issues
a. Positions on Local, State or Regional Issues. The City Council does not take positions on local, state or federal issues unless the city is directly affected by the issue, and then acts in concert with MCCMC. b. Legislative Positions. The City, through its representative to the MCCMC (Marin County Council of Mayors and Councilmembers) Legislative Committee, jointly takes stands on a focused set of issues agreed upon by MCCMC, namely: unfunded mandates, state intrusion on local government, transportation and housing. (This process gives us plenty to keep track of and provides more clout than acting independently).
c. Council Regional Representation. Council members represent the City on various outside agencies and boards, and keep the Council (and thus the public) informed in a Council meeting during ‘Council members Reports’. The Council should weight in on major issues and give direction to its representative when this occurs e.g. the Cal Park Hill Tunnel, the Larkspur Train Extension, etc.

6. Email Policy for Council Members
a. In order to avoid violating the Brown Act:
i. Do not communicate your position on a matter pending before the Council to all or some other members of the Council. ii. If emailing the entire Council, do so only to provide information, and do not solicit a response.
iii. When replying to an email from another Councilmember, reply only to the sender, because of the ease of communicating with a much larger audience.
iv. Refrain from replying to an email if the reply will be directed to a majority of the Council.
v. Email between Councilmembers and staff should be used to share information, confirm meetings, and set up appointments. b. If one Councilmember wants to forward or copy another Councilmember’s email to someone else, express permission should be obtained from the Councilmember who wrote the email. c. Email may discoverable by means of a public records act request or by subpoena; caution with emails is desirable.
d. Think carefully and cautiously before responding to any email. Avoid making derogatory personal comments using email.
e. Use of third party contact lists should not be used without the expressed permission of the owner of that information.
f. When you reply to any email, remember that your reply may inadvertently or deliberately be transmitted to almost any person with an Internet connection.