AMENDMENT TO THE RULES OF CONDUCT FOR CITY COUNCIL MEETINGS AND REMOVAL
FROM COUNCIL MEETINGS
NOVEMBER 10, 2022
PAGE 2
The Downey City Council is committed to maintaining the integrity of the democratic process during city council meetings, to encourage input from its citizenry, and to protect the individual rights of expression, robust debate, and tolerance for disparate views. However, this right must be balanced with the right of the City Council to transact city business in an efficient manner free from disturbance and disruption. It is the intent of this Ordinance to allow the Council to balance these rights consistent with federal, state and local laws. �0� Z �*-. �
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FISCAL IMPACT
There is no fiscal impact to the General Fund.
ATTACHMENTS
Attachment A: Ordinance Amending Rules of Conduct for City Council Meetings D• Municipal Code Section 2105)
Attachment B: Ordinance Amending Removal from Council meeting. i• Municipal Code Section 2106)
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FIVIWe] 00ILI%1LlD]=01�diI:we]h t 0_Iwe] �di1:K6_kj'te7_=pZe]jf1►`1_:'1 AMENDING AND RESTATING DOWNEY MUNICIPAL CODE ARTICLE 11, CHAPTER 1, SECTION 2105 REGULATING THE RULES OF CONDUCT FOR
CITY COUNCIL MEETINGS
WHEREAS, meetings of the City Council constitute a government process with important government purposes; and
WHEREAS, the City Council has an agenda for each meeting that requires that important decisions be made for the best interest of the community and members of the public; and WHEREAS, the City Council of the City of Downey declares that the business of the City is to be conducted in an orderly and efficient manner to facilitate thorough City Council deliberations and decision making; and
WHEREAS, behavior from the public that actually disturbs, disrupts or otherwise impedes the orderly conduct of a City Council meeting interferes with the rights of the public to speak to the City Council and observe the functioning of their government; and WHEREAS, disruptive behavior at City Council meetings also prevents the City Council from accomplishing the peoples' business in a reasonably efficient manner, stifles participation and debate, and undermines the local democratic process; and WHEREAS, in order to conduct city council meetings in an orderly and efficient manner without public disturbance and interference, the meeting rules are amended to allow public speakers three (3) minutes to address the City Council on any agenda, consent calendar and non -agenda items in one comment period and to make other clarifications to the meeting process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby amends and restates Downey Municipal Code, Article 11, Chapter 1, Section 2105 to read as follows:
"SECTION 2105. RULES OF CONDUCT FOR CITY COUNCIL MEETINGS.
Conduct at City Council meetings shall be in accordance with the following rules:
(a) Unless addressing the City Councilor entering or leaving the Council Chambers or other meeting place, all persons in the audience shall remain seated in the seats provided. No person shall stand or sit in the aisles or along the walls, unless permitted by the Mayor. No person shall block any doorways.
(b) All demonstrations, including cheering, yelling, whistling, handclapping and foot stomping which disrupts, disturbs or otherwise impedes the orderly conduct of the Council meeting are prohibited.
(c) No placards, signs, posters, packages, bundles, suitcases or other large objects or trash shall be brought into the Council Chambers or other meeting place if doing so would disrupt, disturb or otherwise impede the orderly course of the meeting.
ATTACHMENT A
ORDINANCE NO. 22-
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(d) Smoking is prohibited in the Council Chambers or other meeting place. (e) It is requested that all persons wishing to speak to the Council at the time designated for oral communications shall state their name, address, and the subject matter upon which they wish to speak for the record. All speakers who wish to address members of the City Council or staff must do so through the Mayor. No person shall address the Council until he or she has first been recognized by the Mayor. The decision of the Mayor to recognize or not recognize a person may be changed by order of the Council. (f) There will be one oral communication section near the beginning of the City Council Closed Session Agenda. During this time, members of the public may address the Council on closed session items. Each person speaking shall be limited to three (3) minutes.
Members of the public may submit comments on closed session items in writing to the City Clerk prior to the closed session meeting which may be read during the comment period at the discretion of the Mayor. For good cause, the Mayor may extend or limit the time for individual speakers or the maximum time for oral communications. (g) During formal public hearings, all interested parties will be allowed to address the Council. The Mayor shall request persons wishing to address the Council to signify their interest and may limit the time allowed and otherwise coordinate the hearing proceedings.
The applicant shall speak after the staff report and shall have the opportunity for rebuttal.
The applicant shall not be limited by the three (3) minute time limit, but shall not be repetitious nor digress from the issues before the Council. In the interest of facilitating the business of the Council, all persons addressing the Council shall be limited to three (3) minutes unless such time is extended or limited by the Mayor for good cause. (h) There will be one oral communication section near the beginning of the City Council Agenda placed after public hearings. During this time, members of the public may address the Council on any agenda, non -agenda and consent calendar items. Each person speaking shall be limited to three (3) minutes and the maximum time allowed for oral communication shall be thirty (30) minutes. Members of the public may submit comments on agenda, non - agenda and consent calendar items in writing to the City Clerk prior to the meeting which may be read during the comment period at the discretion of the Mayor. For good cause, the Mayor may extend or limit the time for individual speakers and/or the maximum time for oral communications. The Mayor may rearrange the order of items on the agenda to ensure the orderly conduct of the meeting.
(i) At the end of the regular City Council meeting, staff and members of the City Council may present any other business that is appropriate for City Council consideration. Unless permitted by the Brown Act, the Council may not discuss such items or act upon them, but an individual Council Member may request that any such item be placed upon a future agenda for consideration by the Council. The procedures for placing an item on a future agenda may be set by resolution of the City Council.
0) Members of the audience shall respect the rights of others and shall not create noise or other disturbances so as to disrupt or disturb persons who are addressing the City Council, Council Members who are speaking, or otherwise impede the orderly conduct of the meeting.
All persons addressing the City Council shall speak in a civil and courteous manner and shall not yell, scream, or use foul language. Speakers shall address the agenda topic to which they are speaking on and shall not be repetitive.
ORDINANCE NO. 22-
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(k) Photographs, audiotapes and videotapes maybe taken from any seat within the Council Chamber or other meeting place or from the rear of the Council Chamber or other meeting place. Except when presentations are being made, photographs, audiotapes and videotapes may not be taken from the side or middle aisles or from the front of the Council Chambers as such practices disrupt and disturb the audience, public speakers and Council Members, and interferes with the orderly conduct of the meeting. Photographs, audiotapes and videotapes shall not be taken in any manner which disturbs or disrupts the audience, speakers or Council Members or otherwise disrupts the Council meeting. (1) The City Council may direct that city council meetings be viewed by members of the public utilizing video live stream, video conferencing software or similar technology. Public access instructions shall be included with the posted agenda.
(m) Animals are prohibited in the council chambers, except for trained K-9 police dogs and trained service animals as defined under State and Federal law." SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 3. Upon the effective date of this amendment, the City Clerk is directed to place and maintain copies of the City Council meeting rules in the back of the Council Chambers for members of the public.
SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this day of , 2022.
BLANCA PACHECO, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
ORDINANCE NO. 22-
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I HEREBY CERTIFY that the foregoing Ordinance was adopted by the City Council of the City of Downey at a Regular Meeting held on the day of 2022, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CIVIC
City Clerk
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING AND RESTATING DOWNEY MUNICIPAL CODE ARTICLE II, CHAPTER 1, SECTION 2106 REMOVAL FROM COUNCIL MEETING
WHEREAS, meetings of the City Council constitute a government process with important government purposes; and
WHEREAS, the City Council has an agenda for each meeting that requires that important decisions be made for the best interest of the community and members of the public; and WHEREAS, the City Council of the City of Downey declares that the business of the City is to be conducted in an orderly and efficient manner to facilitate thorough City Council deliberations and decision making; and
WHEREAS, behavior from the public that actually disturbs, disrupts or otherwise impedes the orderly conduct of a City Council meeting interferes with the rights of the public to speak to the City Council and observe the functioning of their government; and WHEREAS, disruptive behavior at City Council meetings also prevents the City Council from accomplishing the peoples' business in a reasonably efficient manner, stifles participation and debate, and undermines the local democratic process; and WHEREAS, Governor Newsom signed Senate Bill 1100 (SB 1100) into law amending the Ralph M. Brown Act (Brown Act) to provide clarification regarding the authority of a local agency's governing body to remove a disruptive member of the public from an open meeting, in order to maintain order during the meeting; and
WHEREAS, the City of Downey shall amend Municipal Code, Article II, Chapter 1, Section 2016 to align with SB 1100 procedures for removal of a disruptive member of the public from an open meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby amends and restates Downey Municipal Code, Article ll, Chapter 1, Section 2106 to read as follows:
"SECTION 2106. REMOVAL FROM COUNCIL MEETINGS.
Removal at City Council meetings shall be in accordance with the following rules:
The Mayor shall preside at the Council meeting and carry out the terms of these rules. In the event any person believes that the meeting is not being conducted in accordance with the Charter, this Code or other applicable laws, such person may bring such a concern to the attention of the City Council in accordance with the rules of this section and Section 2105, but shall not have the right to disobey such procedures. The Mayor may order, through the City Manager or his designee, the removal from the Council Chambers or other meeting place any person who, after fair warning, commits any of the following acts at a meeting of the City Council:
ATTACHMENT B
ORDINANCE NO. 22-
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(a) Violates any of the provisions of Section 2105 or 2106 in such a manner as to disrupt, disturb or otherwise impede the orderly course of said meeting. (b) Engages in disorderly, contemptuous or insolent behavior toward the Councilor any member thereof or persons addressing the Council, tending to interrupt the due and orderly course of said meeting.
(c) Commits a breach of the peace, boisterous conduct or violent disturbance in such a manner as to disrupt, disturb or otherwise impede the orderly course of said meeting. (d) Disobeys any order of the Mayor, which shall include an order to be seated or to refrain from addressing the Council.
(e) Engages in any other action or conduct, including speaking, which disrupts, disturbs or otherwise interferes with the orderly course of said meeting. (f) Any person so removed shall be excluded from further attendance at the meeting, unless permission to attend has been granted by the Mayor, or upon motion adopted by a majority of the Council.
SECTION 2. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 3. Upon the effective date of this amendment, the City Clerk is directed to place and maintain copies of the City Council meeting rules in the back of the Council Chambers for members of the public.
SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this day of , 2022.
BLANCA PACHECO, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
ORDINANCE NO. 22-
PAGE 3
I HEREBY CERTIFY that the foregoing Ordinance was adopted by the City Council of the City of Downey at a Regular Meeting held on the day of 2022, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CIVIC
City Clerk