Fortuna City Council
February 3, 2025

CITY OF FORTUNA
City Council
Policies & Procedures
Manual
The City of Fortuna’s mission is to be worthy of the public trust by providing timely, efficient, well-planned and dependable services to the community.

Prepared by
The City Clerk’s Office
Linda McGill, CMC
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TABLE OF CONTENTS

1. LOCAL GOVERNMENT IN FORTUNA.......................................................................- 5 -

1.2 RULES FOR AMENDING THIS POLICIES & PROCEDURES MANUAL......................... - 5 -

1.3 COUNCIL-MANAGER FORM OF GOVERNMENT ............................................................ - 5 -

1.4 MAYOR AND CITY COUNCIL MEMBERS......................................................................... - 5 -

1.5 THE MUNICIPAL CODE ........................................................................................................ - 6 -

2. YOUR ROLE AS A CITY COUNCIL MEMBER ..........................................................- 6 -

2.2 RESPONSIBILITIES................................................................................................................ - 6 -

2.3 COUNCIL GOALS................................................................................................................... - 6 -

2.4 POLICY AND ADMINISTRATION ....................................................................................... - 7 -

2.5 SERVICES AND RESOURCES .............................................................................................. - 7 -

2.6 COMMUNICATION/PUBLIC INPUT .................................................................................... - 7 -

2.7 CONSTITUENT REQUESTS .................................................................................................. - 8 -

3. CODE OF ETHICS .........................................................................................................- 8 -

3.2 PREAMBLE.............................................................................................................................. - 8 -

3.3 PUBLIC INTEREST................................................................................................................. - 8 -

3.4 CONDUCT................................................................................................................................ - 8 -

3.4.1 City Manager Form of Government:.................................................................................. - 8 -

3.4.2 Influence:............................................................................................................................ - 8 -

3.4.3 City Representation:........................................................................................................... - 8 -

3.4.4 Confidential Matters: ......................................................................................................... - 9 -

3.4.5 Conflict of Interest: ............................................................................................................ - 9 -

3.4.6 Conduct at Meetings: ......................................................................................................... - 9 -

3.4.7 Council Committees:.......................................................................................................... - 9 -

3.4.8 Compliance with Intent of Council Conduct Code:........................................................... - 9 -

3.5 CONFLICT OF INTEREST...................................................................................................... - 9 -

3.5.1 Applicable Law. ................................................................................................................. - 9 -

3.5.2 Sources of Assistance....................................................................................................... - 10 -

3.5.3 Identifying Conflicts ........................................................................................................ - 10 -

3.5.4 General Rules................................................................................................................... - 10 -

4. SALARIES .....................................................................................................................- 11 -

4.2 SALARY AND REIMBURSEMENT .................................................................................... - 11 -

4.3 BENEFITS .............................................................................................................................. - 11 -

4.3.1 Group Health Insurance ................................................................................................... - 12 -

4.3.2 Training, Meetings, Conferences..................................................................................... - 12 -

5. CONDUCT OF CITY COUNCIL MEETINGS............................................................- 12 -

5.1 PARLIAMENTARY PROCEDURE ...................................................................................... - 12 -

5.2 RULES FOR PERSONS PRESENTING TESTIMONY TO THE COUNCIL...................... - 13 - ~ - 3 - ~

5.3 TYPES OF COUNCIL MEETINGS....................................................................................... - 13 -

5.3.1 Regular Meetings............................................................................................................. - 13 -

5.3.2 Special Meetings.............................................................................................................. - 13 -

5.3.3 Adjourned Meetings......................................................................................................... - 14 -

5.3.4 Closed Session ................................................................................................................. - 14 -

5.3.5 Emergency Meetings........................................................................................................ - 14 -

5.3.6 Budget Workshops:.......................................................................................................... - 14 -

5.4 MINUTES AND RECORD KEEPING .................................................................................. - 14 -

5.5 AGENDA ................................................................................................................................ - 15 -

5.5.1 Placing Items on the Agenda............................................................................................ - 15 -

5.5.2 Order of Agenda Items..................................................................................................... - 15 -

5.6 AGENDA ITEMS ................................................................................................................... - 16 -

5.6.1 Call to Order..................................................................................................................... - 16 -

5.6.2 Public Comment............................................................................................................... - 16 -

5.6.3 Presentations, Recognitions, Proclamations..................................................................... - 16 -

5.6.4 Report of Disbursements.................................................................................................. - 16 -

5.6.5 Consent Calendar ............................................................................................................. - 16 -

5.6.6 Regular Business Items/Public Hearings ......................................................................... - 16 -

5.6.7 City Manager’s Report..................................................................................................... - 16 -

5.6.8 Future Agenda Items........................................................................................................ - 17 -

5.6.9 Council Reports and Communications............................................................................. - 17 -

5.6.10 Public Comment (before Closed Session)........................................................................ - 17 -

5.6.11 Closed Sessions (as needed)............................................................................................. - 17 -

5.6.12 Adjournment .................................................................................................................... - 17 -

5.7 TYPES OF COUNCIL ACTIONS.......................................................................................... - 17 -

5.7.1 Consent Calendar ............................................................................................................. - 17 -

5.7.2 Ordinances........................................................................................................................ - 18 -

5.7.3 Urgency Ordinances......................................................................................................... - 18 -

5.7.4 Resolutions....................................................................................................................... - 18 -

5.7.5 Proclamations................................................................................................................... - 19 -

5.7.6 Minute Orders .................................................................................................................. - 19 -

5.7.7 Public Hearings................................................................................................................ - 19 -

6. CITY ORGANIZATION................................................................................................- 19 -

6.1 CITY MANAGER................................................................................................................... - 19 -

6.2 CITY ATTORNEY ................................................................................................................. - 19 -

6.3 CITY EMPLOYEES ............................................................................................................... - 19 -

7. ADVISORY COMMISSIONS AND BOARDS.............................................................- 19 -

7.1 OVERVIEW............................................................................................................................ - 19 -

7.1.1 Qualifications................................................................................................................... - 19 -

7.1.2 Temporary committees..................................................................................................... - 20 -

7.1.3 Appropriations.................................................................................................................. - 20 -

7.1.4 Appointments – Terms..................................................................................................... - 20 -

7.1.5 Vacancies......................................................................................................................... - 20 -

7.1.6 Officers............................................................................................................................. - 20 -

7.1.7 Meetings – Rules and regulations – Quorum................................................................... - 20 -

7.1.8 Compensation................................................................................................................... - 21 - ~ - 4 - ~

7.1.9 Conflict of interest. ........................................................................................................... - 21 -

7.2 HISTORICAL COMMISSION ............................................................................................... - 21 -

7.2.1 Established – Purpose ...................................................................................................... - 21 -

7.2.2 Membership terms ............................................................................................................ - 21 -

7.2.3 Council representative ...................................................................................................... - 21 -

7.2.4 Museum operation ............................................................................................................ - 21 -

7.3 PARKS AND RECREATION COMMISSION ...................................................................... - 21 -

7.3.1 Established – Purpose ...................................................................................................... - 21 -

7.3.2 Membership Terms .......................................................................................................... - 21 -

7.3.3 Council Representative .................................................................................................... - 21 -

7.4 PLANNING COMMISSION ................................................................................................. - 22 -

7.4.1 Established – Purpose ...................................................................................................... - 22 -

7.4.2 Membership Terms .......................................................................................................... - 22 -

7.4.3 Compensation ................................................................................................................... - 22 -

7.4.4 Alternate Member ............................................................................................................ - 22 -

8. APPENDIX .......................................................................................................................... 1

8.1 "ROSENBERG'S RULES OF ORDER" (SIMPLE RULES OF PARLIAMENTARY PROCEDURE FOR THE 21ST CENTURY) BY DAVE ROSENBERG ................................................ 1

8.2 COMMITMENT TO OPEN & TRANSPARENT GOVERNMENT ............................................ 7 ******************************************************************************************************************* HISTORY:

Adopted June 20, 2011 by Resolution 2011-14
Amended August 6, 2012 by Resolution 2012-41 (Appendix 8.2 added) Amended August 17, 2015 by Resolution 2015-27
_______________/s/____________________
Sue Long, Mayor
ATTEST:
__________/s/___________________
Linda McGill CMC, City Clerk
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1. LOCAL GOVERNMENT IN FORTUNA
Fortuna was incorporated as a City in 1906, being
governed by a City Council. In 1977, the City, by
ordinance, established the Council-Manager form of
government. Fortuna is a Charter City and the City
Council is the governing body. The City Council is
vested with all the regulatory and corporate powers of
a municipal corporation provided for by state law
governing charter cities.

1.2 RULES FOR AMENDING THIS POLICIES
& PROCEDURES MANUAL
The City Council shall determine its own policies and
procedures and amend them from time to time and/or
adopt new ones. Amendment to this manual or
adoption of new policies or procedures shall require a
majority vote of the council.

1.3 COUNCIL-MANAGER FORM OF

GOVERNMENT
Under the Council-Manager form of government,
citizens elect their Council Members who make
decisions which determine the policies of the City.

The City Council is the governing body of the City
responsible for establishing policies and programs.

The City Council is responsible to see that local
policies and laws address both short and long term
needs, and that citizens receive a return on their tax
investment in terms of efficient City services.

While the City Council establishes policies and
programs, it is the responsibility of the City Manager
to apply and administer those policies to the day-today operations of the City. The City Manager oversees all City operations and is the liaison between the Council and the City staff.

Teamwork between the Council and the Manager is a
key element of the Council-Manager plan. The
pooling of skills is essential to resolve the many
complex problems that face the City today. The
Council-Manager plan seeks to enhance the
effectiveness of local policy-making and municipal
operations.

1.4 MAYOR AND CITY COUNCIL MEMBERS
The City of Fortuna is governed by a five-member
City Council elected to four-year terms on a staggered
basis. Council Members are elected in the general
election in November of even numbered years. After
each general election, the City Council elects a Mayor
and Mayor Pro Tempore from its own membership.

The Mayor is the presiding officer of the City
Council. As presiding officer, the Mayor calls
Council meetings to order, announces the order of
business as detailed on the agenda, states motions,
calls for a vote and announces the results, facilitates and monitors discussions, maintains order, and
enforces the Council's rules and parliamentary
procedures. When the Mayor is absent at any
meeting, the Mayor Pro Tempore shall serve as
Mayor. When the Mayor and Mayor Pro Tempore are
absent at any meeting of the Council, the next most
senior member of the Council as determined by years
of service on the Council or, if equal, by the number
of votes received in the municipal election in which
they were elected shall serve as Mayor.

The Mayor also, with Council approval, signs all
ordinances, resolutions, and other records of
proceedings approved by the Council. The Mayor has
no veto power. The Mayor Pro Tempore serves in the
capacity of the Mayor during any absence or
incapacitation of the Mayor.

The Mayor and members of the Council are elected to
provide leadership in setting goals and in formulating
policies. The City Council is the focal point for
identifying and interpreting the wishes of the citizens and translating these into specific programs.

Successful goal setting and policy formulation largely
depend on a good working relationship amongst the
Council and between the Council and the
administrative staff. Under the City Manager’s
direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and
calculating the costs of proposals. However, the
Council has the final responsibility for establishing
local policies and determining services and budget
levels appropriate for the City.

The City Council also serves as Board Members for
the Fortuna Successor Agency to the Former
Redevelopment Agency (Successor Agency)), the
Fortuna Public Financing Authority (FPFA) and the
Fortuna Public Improvement Corporation (FPIC),
with all meetings being held concurrently. References
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in this document to the “City Council”, also includes
the Council’s role on the Successor Agency, FPFA
and FPIC.

1.5 THE MUNICIPAL CODE
The Fortuna Municipal Code sets forth the regulatory,
penal and administrative laws of general application to the City. Local ordinances adopted by the City
Council are codified in the municipal code by the City
Clerk. These laws are enforceable by the City, and
violation constitutes a misdemeanor or infraction.

The municipal code is divided into the following
categories:
• General Provisions
• Administration and Personnel
• Revenue and Finance
• Business Taxes, Licenses and Regulations
• Animals
• Health and Safety
• Public Peace, Safety and Morals
• Vehicles and Traffic
• Streets Sidewalks and Public Places
• Utilities
• Cable and Open Video Systems
• Buildings and Construction
• Subdivisions
• Zoning
• Tables
• Index
Other directives and policies of the City Council are
recorded in Council resolutions or by minute action of
the Council.

2. YOUR ROLE AS A CITY COUNCIL MEMBER

2.2 RESPONSIBILITIES
The City Council is the elected legislative and policymaking body of the City government. The Council is responsible to the citizens for:
• Hiring the City Manager and the City Attorney.
• Establishing City-wide goals that address short
and long range needs.
• Formulating policies that define a course of action
that shape City operations.
• Providing quality services within available
resources.
• Acting as a representative between the
professional staff and local citizens.

City Council Members are local leaders. The
electorate expects the Council to set the tone and
direction for municipal operations. Strategic planning
and goal setting are the tools that enable a Council to define their vision and determine methods for
accomplishing their goals.

2.3 COUNCIL GOALS
Goal setting requires time, energy, and a well-defined
process. Every two years, usually in January
following a City Council election, the Council meets
with the City Manager and the various department
managers in a goal setting/priority projects session to review progress on goals previously set, and defines
new goals and objectives for the City. While a myriad
of responsibilities consume the limited time and
energy of elected officials, there are some definite
advantages for engaging in the process:

1. Goal setting gives the Council a basic framework
for action. By setting goals and then deciding
those that are most important, the Council is
defining what it wants to achieve over a given
period of time. Otherwise, the Council may find
itself floating from issue to issue, crisis to crisis.

2. Goal setting helps the Council spend its time more
wisely. When you know what you are trying to
accomplish, you can allocate most of your time to
important issues.

3. Goal setting gives everyone a chance to share
their individual goals and priorities and then
work out the differences. The Council ends up
with a list of goals to which everyone is
committed.

4. Goal setting gives the City Manager clear
guidelines to get the job done. It lets the City
Manager know exactly what the Council is trying
to accomplish as a group. Without clearly defined
goals, the City Manager may get conflicting
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signals and end up not meeting anyone's goals.

5. Goal setting gives the Council and staff, some
important budget guidelines. Knowing what
programs and issues are the highest priorities will
enable staff to have a better idea of how to
allocate funds when preparing the budget for
Council approval.

6. Goal setting gives the Council an evaluation tool.

When goals and priorities are set, the Council has
valuable data in hand to determine how well the
Council and the City Manager did in achieving the
agreed upon goals and priorities.

Goal setting will not solve all the immediate
problems, nor guarantee that a crisis will not occur;
but it will help you get a better idea of what is
happening in the City and allow you to define what
you want to happen over the long term.

2.4 POLICY AND ADMINISTRATION
A dictionary definition of "policy" states that it is "any plan or course of action designed to influence and
determine decisions, actions, and other matters." For a City Council, policy is the business of making
decisions about the City. Examples of policy
decisions include:
• The decision to submit to voters a bond measure
for capital improvements.
• The adoption of an ordinance regulating sewer
and water operations.
• Approval of land-use policies and implementation
procedures.
• Decisions concerning projects which involve
federal and state grants as well as local
expenditures.

In theory, the distinction between policy and
administration has been that policy is the process of
determining what is to be done, while administration
is the process of determining how to do it. A policy is what the Council defines it to be. However, the dayto-day operation of the various departments is administration. In reality, a fine line exists between
policy and administration; any issue that is perceived
as important or controversial can become a "policy"
matter.

The City Council has the final say in major decisions
such as: adoption of the budget; acceptance of a new
classification and compensation plan; selling a bond
issue; or instituting a new project. While it has a
dominant role in policy matters, the City Manager,
staff and citizens play a prominent role in the
development of policies.

The City Council, City Manager, and staff analyze
City needs, identify available resources, and suggest
courses of action, but the Council has the final say on matters that affect services.

Because the distinction between policy and
administration is frequently blurred, tension can result when the City Council, City Manager, and/or staff
feels that their area of responsibility is being infringed upon.

Perhaps the best way to prevent conflicts over whether
or not something is policy or administration is for the Council and the administrative staff to discuss and
attempt to clarify their respective roles and
expectations of one another. The result can be a more
effective and harmonious partnership.

2.5 SERVICES AND RESOURCES
While the electorate expect high quality local
government services at minimum cost, the existing
social and economical conditions make this
increasingly difficult to achieve. Today's City
Council is part of an era that requires a variety of
strategies for getting by with less.

In difficult fiscal times, it may be necessary to
consider cutbacks, reallocations, trade-offs, program
terminations, and re-thinking what services the City
should provide. However, the continued charge will
be to provide the best level of service with the
resources that are available.

2.6 COMMUNICATION/PUBLIC INPUT
Elected officials not only represent their constituents and make decisions on their constituents’ behalf, but
they also have the opportunity to communicate with
the public.
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While some people mistrust government, the City
Council can take a leadership role in promoting twoway communication with the public. Citizens’ views can be sought in a variety of ways: public meetings;
advisory committees; citizen surveys; and volunteer
assistance in City government. Similarly, the Council
can express its view by speaking to local civic groups, and working with the press and other news media to
provide accurate and up-to-date information.

2.7 CONSTITUENT REQUESTS
Members of the Council will frequently receive
requests or complaints. In most cases, the City staff
can resolve these problems. The main thing is for the
Council Member to get the basic information, and
then pass this on to the City Manager for appropriate
action. The key to answering constituent requests is
to be specific in what the Council Member will do,
i.e., promise a timely response, or look personally at
the problem, while avoiding a commitment to “fix
anything.”

3. CODE OF ETHICS

3.2 PREAMBLE
The residents and businesses of Fortuna are entitled to have fair, ethical, and accountable local government.

Such a government requires that:
• Public officials comply with both the letter
and spirit of the laws and policies affecting
operations of the 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 City of Fortuna City Council adopts
this Code of Ethics to encourage public confidence in
the integrity of local government and its operation.

3.3 PUBLIC INTEREST
Council Members will work for the common good of
the people of Fortuna and not for any private or
personal interest, and they will endeavor to treat all
persons, claims, and transactions in a fair and
equitable manner.

Council Members shall comply with the laws of the
nation, the State of California, and the City in the
performance of their public duties.

3.4 CONDUCT
It is the policy of the City of Fortuna that the members of the Fortuna City Council conduct themselves
individually and as a council so that all matters related to the City are conducted in an open, fair, responsible and impartial manner, that all City business be
conducted in an orderly and efficient manner, that all
governmental policies be made in the proper channels
of the government structure, that public offices not be used for personal gain and that the public have
confidence in the integrity of its government.

Therefore, the following Rules of Conduct shall be
observed by each City Council Member.1

3.4.1 City Manager Form of Government:

The Council affirms Chapter 2.08 of the Fortuna
Municipal Code which provides that the City Manager
is the administrative head of the City government and
that only the City Manager is authorized to give
direction to members of the City Staff.

3.4.2 Influence:

Council Members must recognize that it is important
for City Staff, Commissions and Committees to be
able to make objective recommendations on items
related to the City. Council Members must be certain
that any opinions expressed to members of Staff,
Commissions and Committees are clearly identified as
individual personal opinions, unless official Council
action has been taken on the subject in question.

3.4.3 City Representation:

Council Members, simply by being Council Members,
are at all times viewed as representatives of the City.

The conduct of Council Members is a direct reflection
on the City and members should conduct themselves
accordingly. Except where specifically authorized by

1. Original Council Policy adopted March 16, 1998,
amended and adopted into this document June xx, 2011.
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City Council action or for purely ceremonial purposes,
no City Council Member should make any statement
or appearance or indicate in any way that he or she is
representing the city.

3.4.4 Confidential Matters:

At times matters will come before the City Council
which should be kept confidential, such as employee
discipline, legal matters, salary negotiations and other matters properly handled in closed meetings. Council
Members shall keep such information confidential.

3.4.5 Conflict of Interest:

Council Members shall abstain from any action which
may cause a conflict of interest as defined by State
Law, including accepting employment which is
incompatible with the proper discharge of official
duties, or using the office of City Council in any
manner to induce any person or entity to provide
anything of value or benefit to themselves or any other person.

3.4.6 Conduct at Meetings:

It is common, that Council Members may differ on
matters and that such differences will be debated. The
debate should be limited to the issue and each Council
member should refrain from making personal or
derogatory remarks.

Council Members shall base their decisions on the
merits and substance of the matter submitted for
review.

Council Members shall publicly share substantive
information that is relevant to a matter under
consideration that they may have received ex parte;
that is, received from sources outside of the public
decision-making process. This insures that all parties, the council, staff, and public, are acting on the same
information.

Council Members shall inform themselves on public
issues; listen attentively to public discussions before the body; and focus on current business issues.

Council Members shall refrain from campaigning or
calling for public action against Council Members
during council meetings. Any Council Member who
does so is considered out of order and the mayor shall
take appropriate action.

Council Members shall refrain from requesting that an
item be placed on the agenda after two previous
requests have been rejected or denied by consensus or
formal vote of the Council.

Any Council Member may move for the Mayor to
enforce the parliamentary procedures, and/or the
Policies & Procedures Manual of the City Council. A
majority vote of the Council shall require the mayor to so act.

3.4.7 Council Committees:

From time to time the City Council forms committees
of two Council Members. The role and responsibilities
of these Council committees shall be determined in an
open and public session at the time they are formed.

3.4.8 Compliance with Intent of Council
Conduct Code:

Staff members concerned regarding the propriety of
City Council member’s interaction with them should
confidentially discuss their concerns with the City
Manager who shall report to the Mayor. If the Mayor
is the Council member in question, the City Manager
will report to the Mayor Pro Tem. The Mayor or
Mayor Pro Tem shall then confidentially address the
issue with the involved Council member so as to
assure compliance with the intent of this code. Issues
not resolved in this private conference should be
brought to the City Council as an agenda item. Issues
arising from Council Members themselves shall be
addressed directly through the Mayor or the Mayor
Pro Tem if the Mayor is the Council Member in
question. The process from this point will be the same
as described above.

Council Members shall perform their duties in
accordance with the policies, processes and rules of
order established by the City Council.

3.5 CONFLICT OF INTEREST

3.5.1 Applicable Law.

There are several laws and legal principles that
prohibit public officials from acting in situations in
which they might have a conflict of interest. These
include Government Code Section 1090 prohibiting
contracts in which the official has a financial interest and the doctrine of incompatible offices, which
prohibits an official from holding two offices at the
same time if doing so might create a clash of loyalties.

Even broader in scope, voters in 1974 approved the
Political Reform Act.
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The statutes (the Political Reform Act of 1974)
provide that certain municipal officers must disclose
their “economic interests” periodically on forms
provided by the Fair Political Practices Commission
(FPPC). These municipal officials are members of the
City Council (including the Mayor), members of the
City Planning Commission, the City Manager, the
City Treasurer, and the City Attorney.

Statements of Economic Interests are submitted by
these officials to the City Clerk who makes and retains a copy of each statement and forwards the original to
the FPPC in Sacramento.

In addition, the City is required to determine which of its other officials, committee members, and employees
perform duties that involve potential conflicts of
interest. The City has adopted a resolution outlining
those positions, called “designated employees.”
These employees are required to disclose their
economic interests. A copy of the Political Reform
Act, as amended, is available for review in the City
Clerk's office.

Conflict of interest is a complex issue. Council
Members should carefully consider and monitor
“gifts” from any person or organization whether the
gift is financial support, loans, event tickets, or meals.

Many of these gifts may need to be reported and may
present a conflict of interest when considering and/or
voting on projects or issues related to the person
presenting the gift. Questions relating to conflict of
interest should be directed to the City Attorney or
your personal attorney.

The rules relating to conflicts of interest are set forth in the Political Reform Act (PRA) (Government Code
Sections 81000 and following) and case law. They are
complex and not necessarily intuitive. The
consequences of violating the rules can be severe,
including substantial monetary penalties and possible
criminal prosecution to individual Council Members.

3.5.2 Sources of Assistance.

The Fair Political Practices Commission (FPPC) is the
state agency that administers the PRA, issues
regulations, gives conflict advice, and enforces the
rules. The FPPC also provides a “hotline” that a
Council Member may call for informal advice. The
City Attorney is available for consultation, but the
City Attorney’s advice on conflicts matters cannot
provide a Council Member with any immunity from
prosecution. Most conflict of interest questions
ultimately turn on whether it is reasonably foreseeable that the decision will have a “material financial effect” on the Council Member’s economic interest.

Municipal attorneys generally do not advise public
officials as to whether a material financial effect
would exist unless the answer is absolutely certain
based upon applicable regulations. While the City
Attorney may have his or her own opinion as to
whether or not a material financial effect will be
present, it is ultimately up to the Council Member to
determine this issue. Only a formal written opinion
from the FPPC provides immunity from prosecution
for violations of the conflict of interest rules. The City Attorney is available to assist with preparing a request for a formal opinion.

3.5.3 Identifying Conflicts
It is the responsibility of each Council Member to
identify, disclose and declare his or her conflict before action is taken on a matter. If possible, the conflicted Council Member should notify staff prior to the
council meeting at which the matter will be heard, to
ensure the presence of a quorum. Staff will attempt to
assist with identifying obvious conflicts, but the
ultimate responsibility is with each Council Member.

3.5.4 General Rules
Council Members shall not use their official positions
to influence government decisions in which they have
a financial interest, or where they have an
organizational responsibility, or personal relationship that would present a conflict of interest under
applicable State law. As required by law, Council
Members declaring a conflict of interest shall recuse
themselves and leave the Council Chambers.

In accordance with the law, members shall file written
disclosures of their economic interests and, if they
have a conflict of interest regarding a particular
decision, refrain from participating in that decision,
unless otherwise permitted by law.

Council Members shall not take advantage of services
or opportunities for personal gain, by virtue of their
public office that are not available to the public in
general, nor shall they use public resources not
available to the public for private gain or personal
purposes. They shall refrain from accepting gifts,
favors, or promises of future benefits that might
- 11 -
compromise their independence of judgment or action
or give the appearance of being compromised.

Council Members shall respect and preserve the
confidentiality of information provided to them
concerning the confidential matters 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.

Council Members shall not appear on behalf of private
interests of third parties before the City Council or any board, commission, committee or proceeding of the
City.

Council Members shall represent the official policies
and positions of the City Council to the best of their
ability. When presenting their personal opinions and
positions, members shall explicitly state they do not
represent the Council or the City.

Council Members shall refrain from using their
positions to unduly influence the deliberations or
decisions of City commissions, boards or committees.

A public official who has a financial interest in a
decision shall, upon identifying a conflict of interest or a potential conflict of interest and immediately
prior to the consideration of the matter, do all of the following:
a. Publicly identify the financial interest that
gives rise to the conflict of interest or
potential conflict of interest in detail sufficient
to be understood by the public, except that
disclosure of the exact street address of a
residence is not required.
b. Recuse himself/herself from discussing and
voting on the matter, or otherwise acting in
violation of the Political Reform Act.
c. Leave the room until after the discussion,
vote, and any other disposition of the matter is
concluded, unless the matter has been placed
on the portion of the agenda reserved for
uncontested matters.
d. Notwithstanding paragraph c, a conflicted
public official may speak on the issue during
the time that the general public speaks on the
issue when he or she appears solely to
represent himself or herself on a matter
related to his or her personal interest. Personal
interests are interpreted to include, but are not
limited to:
i An interest in real property that is wholly
owned by the official or members of
his/her immediate family.
ii A business entity wholly owned by the
official or member of his or her
immediate family.
iii A business entity over which the official
exercises sole direction and control, or
over which the official and his/her spouse
jointly exercises sole direction and
control.

4. SALARIES

4.2 SALARY AND REIMBURSEMENT
The Council, in accordance with Government Code
Section 36516, sets the salary for the City Council.

City Council Members are paid $300/month for City
matters (Section 2.04.050 of the City Code).

The City does not participate in Social security; parttime employees are not eligible to participate in PERS and are enrolled in a Federal Insurance Contributions
Act (FICA)-alternative retirement program. City
Council Members will pay the Medicare portion of
Social Security and the City contributes 4% and the
Council Member contributes 3.5% towards the FICAalternative retirement plan. 2 In addition, Council Members may be reimbursed for
actual expenses while performing official duties.

4.3 BENEFITS
The following benefits are available to City Council
Members:
3 2. Original Council policy adopted December 1995,
amended and adopted into this document June xx, 2011.

3. Original Council Policy adopted April 17, 1995,
amended and adopted into this document June xx, 2011,
- 12 -

4.3.1 Group Health Insurance
The City offers an excellent health, dental and vision
care, and life insurance plan for its employees.

City Council Members may purchase health insurance
at their own expense while in office and under certain
circumstances after they leave office. The following
was adopted by Resolution 95-08 on April 17, 1995:

1. City Council Members, while they are in office,
who wish to enroll in Redwood Empire Municipal
Insurance Fund’s (REMIF) health and welfare
plan at their own expense are hereby authorized to
purchase health, dental, vision, and life insurance
benefits in accordance with Section 53201
through 53205 of the California Government
Code.

2. City Council Members, after they leave office,
who wish to enroll in REMIF's health and welfare
plan at their own expense, are hereby authorized
to purchase health, dental, vision, and life
insurance benefits in accordance with Sections
53201 through 53205 of the California
Government Code.

4.3.2 Training, Meetings, Conferences
The City allocates funds for training, meetings, and
conferences in which the Council Members may wish
to participate. Among these are the quarterly
meetings of the Redwood Empire Division of the
League of California Cities, the League of California
Cities Annual Conference, the annual Mayors and
Council Members Executive Forum, and other local
meetings. Council Members are encouraged to
participate in these meetings and conferences. All
travel and training expenses are subject to the policies and procedures set forth in the City Administrative
Policy Manual.

5. CONDUCT OF CITY COUNCIL MEETINGS

5.1 PARLIAMENTARY PROCEDURE
Parliamentary procedure is a set of rules that regulate and standardize how the City Council conducts its
business.

It is the policy of the Fortuna City Council that,
unless otherwise required by State law or other
regulation, all City Council meetings shall be
conducted under Rosenberg’s Rules of Order: Simple
Parliamentary Procedures for the 21st Century
(Appendix A-1).

However, no ordinance, resolution, or other action of
the City Council shall be invalidated or the legality
thereof otherwise affected by the failure or omission
of the City Council to observe or follow such rules.

Certain procedures relating to motions, agenda item
discussion, debate, and courtesies contained in
Rosenberg’s Rules of Order: Simple Parliamentary
Procedures for the 21st Century are incorporated into
this document, except to the extent they are modified
by this document.

These rules in affect shall be in accordance with state law and as set forth below.

The following summarizes the most frequently used
actions:
a) Council Members and Staff shall

1. Work earnestly to preserve appropriate order
and decorum during all meetings.

2. Discourage side conversations, disruptions,
interruptions or delaying efforts.

3. Ensure that all discussion relate to the subject
matter at hand and be relevant and pertinent to
allow for the expeditious disposition and
resolution of the business before the Council.

4. Agree to disagree but be respectful of one
another.

5. Not engage in any abusive or vulgar language
and shall avoid any personal attacks on any
other member of the City Council, staff, or the
public; nor shall they publicly impugn the
integrity, honesty or motives of such
individuals.

6. Inform the Presiding Officer when departing
from a meeting.
b) While the Council is in session, all persons shall
preserve order and decorum. Any person making
personal, impertinent, or slanderous remarks or
demonstrating rude, boisterous, or profane
behavior will be called to order by the Presiding
Officer. If such conduct continues, the Presiding
Officer may call a recess, request removal of such
person(s) from the Council Chamber, adjourn the
meeting, or take such other appropriate action as
- 13 -
permitted by the Ralph M. Brown Act (Brown
Act)4
.
c) Only the City Council, Staff, Advisory Body
Chairs or designated representatives and those
authorized by the Presiding Officer shall be
permitted to sit at the Council or staff tables.
d) Enforcement of Order

1. Any Council Member may request the
Presiding Officer to enforce the rules of
protocol. Upon motion and majority vote, the
Presiding Office shall be required to do so.

2. Upon instructions from the Presiding Officer,
it shall be the duty of any police officer
present to eject from the Council Chambers
any person in the audience who uses
boisterous or profane language or any person
who interrupts and refuses to keep quiet or
take a seat when ordered to do so by the
presiding officer or otherwise disrupts the
proceedings of the Council.

5.2 RULES FOR PERSONS PRESENTING
TESTIMONY TO THE COUNCIL5

1. The person must be clearly recognized by the
Mayor and is to approach the podium and
microphone before speaking.

2. He/she is encouraged to clearly state his/her
name for the record.

3. All comments shall be addressed to the City
Council. All questions shall be placed
through the Mayor.

4. Speakers addressing the City Council will be
limited to three minutes per speaker, or such a
time as the presiding officer prescribes.

5. All exhibits and documents used by speakers
shall be given to the City Clerk for
distribution to the Council and staff.

6. We disagree, but will be respectful of one
another. All comments will be directed to the
issue at hand, and addressed to the City

4. California Govt. Code 54950, et seq.

5. Original Council Policy adopted November 16, 1993,
amended and adopted into this document June xx, 2011.

Council. Personal attacks are unacceptable.

7. All questions or rebuttal will be through the
Mayor.

8. If there are numerous people in the audience
who wish to participate on an issue, and it is
known that all represent the same position, a
spokesperson should be selected to speak for
the entire group. The spokesperson will
therefore have the opportunity of speaking for
a reasonable length of time and of presenting
a complete case.

9. To avoid unnecessary cumulative evidence,
the Mayor may limit the number of witnesses
or the time of testimony on a particular issue.

10. Irrelevant and off-the-subject comments will
be ruled out of order.

5.3 TYPES OF COUNCIL MEETINGS
All meetings, regular, special, or closed sessions must be conducted within the geographical boundaries of
the governing body’s jurisdiction, unless specifically
exempted.

5.3.1 Regular Meetings
The Fortuna City Council holds regular meetings on
the first and third Monday of each month at 6:00 p.m.

The Brown Act requires that public notice be given at
least 72 hours before the meeting indicating the time
and place of the meeting. An agenda of each meeting
is posted in three public places6
.

Regular meetings may be adjourned to a specified
time and place. A regular meeting cannot be
adjourned past the next regular meeting date.

Regular City Council meetings are televised by
Access Humboldt and aired live on public access
cable television. A schedule for rebroadcast airings
can be found on www.accesshumboldt.org. A link to
City Council video is provided on the City’s website,
www.friendlyfortuna.com.

5.3.2 Special Meetings
The City Council can call special meetings to review
and discuss specific topics. Special meetings also

6. City Hall, the Chamber of Commerce, and River Lodge
- 14 -
include workshops and study sessions which give the
Council the opportunity to review items that require
more in depth study than time allows on the regular
evening meeting agenda, and to receive informational
reports on items that require no formal action.

Members of the City Council and local news media
must receive notices of special meetings at least 24
hours prior to the time of the meeting. The notice
must specify the time and place of the special meeting
and the business to be transacted or discussed.

Regular ordinances may not be adopted at special
meetings; only urgency ordinances may be adopted at
such meetings. Items not listed on the agenda shall
not be considered at the special meeting.

5.3.3 Adjourned Meetings
The City Council may adjourn any regular, adjourned
regular, special or adjourned special meeting to a
specified time and place.

A notice of adjournment shall be posted on or near the
door of the place where the regular, adjourned regular, special or adjourned special meeting was held within
24 hours after the time of the adjournment and include
the specified time and place the adjourned meeting
will be held.

Noticing of adjourned meetings shall follow the
requirements set forth in section 5.3.2 of this
document.

5.3.4 Closed Session
Closed sessions may be held to discuss certain matters
specified by law, including:
• Personnel matters to consider the appointment,
employment, performance, or dismissal of a
public employee;
• Matters of national and public safety;
• Labor negotiations;
• License applications by persons with criminal
records;
• Real estate negotiations;
• Pending litigation;
Closed sessions are attended by the City Council, City
Manager, City Attorney (as required), appropriate
management staff, and occasionally by a special
consultant or attorney depending upon the matter
under discussion. Closed sessions are not open to the
public. Matters discussed during closed session are
confidential and may not be discussed with anyone
outside of the closed session or during a public
meeting. Violations of the closed session
confidentiality requirement could put the City in a
perilous position with respect to litigation and
represent a violation of the law7 for the person
violating the confidentiality requirement.

If any final decisions are made in the closed session
meeting, the agency must reconvene in open session
where it may be required to report the specific votes
and actions taken by the agency.

5.3.5 Emergency Meetings
When an emergency, including but not limited to an
earthquake, flooding, or fire occurs, an emergency
meeting may be called by the City Council with a onehour notice to its members and local news media.

The City Council may not meet in closed session
during an emergency meeting. Except for the 24-hour
notice requirement, the special meeting requirements
set forth in section 5.3.2 of this document shall apply in emergency meetings.

5.3.6 Budget Workshops:

Every year, the City Council holds budget workshops
to review funding allocations for the goals and
objectives outlined by the City Council.

Requirements set forth in section 5.3.2 shall apply to
Budget Workshops.

5.4 MINUTES AND RECORD KEEPING
The minutes serve as a source of information for the
Council and for the public. Meeting minutes are
required to include the following information:
• Members present;
• Motions, proposals, resolutions, orders,
ordinances, and other items of business and
their disposition;

7, California Govt. Code 54950, et seq.
- 15 -
• Results of all votes and, in the case of a roll call
vote, the vote of each member by name.

The minutes of the City Council meetings shall be
kept by the City Clerk and shall be recorded in a file
kept for that purpose with a record of each particular
type of business transacted by the Council set off in
paragraphs with subheadings.

The minutes may include a record of the names of
persons addressing the Council during public
comment, and a brief statement of the subject to
which their remarks related.

Minutes of the City Council are “Action Based”
minutes, and do not include a verbatim transcript, only motions and votes are shown on the record. Such
minutes shall be submitted to the Council for approval
and/or correction in draft form at a subsequent
meeting.

It is the policy of the City Council that only members
of the Council and the City Clerk have the authority to make revisions to the minutes subject to a majority
vote of the City Council.

Council Members having only typographical
corrections to the minutes are encouraged to provide
such corrections to the City Clerk directly and need
not wait to submit such corrections at a meeting. As a
time saving measure, even full correction items may
be written ahead and passed to the City Clerk before
the meeting. All changes/corrections to the minutes
require Council approval.

The City Clerk is responsible for recording, preparing, and filing Council minutes. Minutes of Council
meetings are available for review in the City Clerk's
office and on-line at www.friendlyfortuna.com.

5.5 AGENDA
The City Manager is responsible for preparation of the
City Council agenda; however, the City Clerk’s
department is responsible for the actual gathering and
copying of the agenda packet.

The agenda is a listing and synopsis of each business
item the Council will consider during its meeting.

The City Clerk makes the agenda available at every
regular meeting.

The agenda and relevant background materials are
available at City Hall on Friday before the scheduled
Monday Council meeting or on-line at
www.friendlyfortuna.com.

5.5.1 Placing Items on the Agenda
In order to facilitate the orderly conduct of the
business of the citizens of Fortuna, the City Manager,
with input from Department Heads and the City
Attorney, shall set the agenda, reviewing same with
the Mayor. Each member of the Council shall be
provided with a copy of the City Council agenda in
accordance with the provisions as outlined in the
Brown Act. In order for this to occur the City Clerk
shall provide deadlines for the submittal of staff
reports to be used in the preparation of the City
Council agenda.

Council Members may, at a regularly scheduled
meeting, request items to be placed on future agendas
during the Future Agenda Items portion of the Council
meeting by Council consensus. The Council Member
referring the item may provide a brief description of
the subject to be printed for the agenda packet,
sufficient to inform the City Council and public of the nature of the item.

The City Council, after considering the referral, may
either refer the matter to staff to schedule as a future City Council agenda item or they may, by concurrence
of the majority, advise to not place on a future agenda.

5.5.2 Order of Agenda Items
The agenda format for the Fortuna City Council
regular meetings (first and third Mondays) may be
prepared to include, but not limited to the following
categories and/or sub-categories, not necessarily in the order herein reflected:

Call to Order/Flag Salute
Roll Call
Public Comment
Presentations, Recognitions, Proclamations
Report of Disbursements
Consent Calendar
Regular Business Items/Public Hearings
City Manager’s Report
Future Agenda Items
Council Reports and Communications
Oral Comments (for closed session, as needed)
Closed Session (as needed)
Adjournment
- 16 -

5.6 AGENDA ITEMS

5.6.1 Call to Order
The Mayor will call the meeting to order at 6:00 p.m.
and ask that audience members turn off pagers and/or
cell phones while in the Council Chambers.

5.6.2 Public Comment
Members of the public are entitled to speak on matters
of municipal concern not on the agenda, during
consideration of that portion of the meeting agenda
entitled “Oral Comments from the Public” when that
item is called by the Mayor. Each person is entitled to speak on any non-agendized item only once at any
meeting. Speakers addressing the City Council will be
limited to three minutes per speaker, or such a time as the presiding officer prescribes. Brief questions by
Council Members for clarifications may be posed and
answered, and Council Members may make requests
that items be placed on future agendas as described in

5.5.1 of this document, but in accordance with State
Law, no substantive discussion may take place unless
and until the matter properly appears on the agenda.

Once public comment has been closed it is
inappropriate for the public to speak except to answer
an inquiry of a Council Member addressed through
the Mayor.

5.6.3 Presentations, Recognitions, Proclamations
Presentations, recognitions and proclamations shall be
scheduled as necessary in recognition of persons or
groups, for the promotion of an event or service or
general information items to the Council. Requests for
Presentations must be submitted to the City Clerk in
advance of the agenda deadline. The City Manager
shall request approval from the Mayor as to the
appropriateness and scheduling of such presentations.

Upon approval by the Mayor, the City Clerk will then
coordinate the presentation with the requesting party
in order to schedule the item on any given agenda.

The requesting party determines whether or not he/she
will be present for acceptance of such presentation
and if not present, the item will be placed under the
Consent Calendar of the agenda.

5.6.4 Report of Disbursements
This is an oral report of disbursements for the City
and Successor Agency processed through the date of
the meeting at which they are reported. No action is
required for this item. This topic is on the agenda to
satisfy the annual audit requirement demonstrating
that the City council is made aware that the financial
obligations of the city are being paid on a regular and routine basis.

5.6.5 Consent Calendar
Those items on the Agenda which are considered to be
of a routine and non-controversial nature by the City
Manager shall be listed on the Consent Calendar.

These items so listed shall be approved, adopted, and
accepted. by one motion of the Council.

Council Members may comment on Consent Calendar
items or ask for minor clarifications without the need
for pulling the item for separate consideration. Items
requiring deliberation should be pulled for separate
consideration.

At the request of any Council Member a Consent
Calendar Item shall be considered separately in the
order of the agenda following approval of the
remaining “Consent Calendar”.

5.6.6 Regular Business Items/Public Hearings
Regular Business items are those reports brought forth
for Council consideration and/or approval that are not
public hearings.

Public Hearings can be legislative or quasi judicial
and may be required on certain items as prescribed by
the municipal code or by state or federal law.

Legislative decisions generally involve fundamental
policy questions of jurisdiction-wide concern;
legislative decisions also can involve changes in
existing law to govern future situations. Public
hearings usually require adoption of an ordinance,
resolution or other action by the Council.

Public Comment will be sought on each regular
business item and public hearings.

Once a public hearing/public comment has been
closed it is inappropriate for the public to speak except to answer an inquiry of a Council Member addressed
through the Mayor. However, a public hearing may
be re-opened by a majority approval by the Council to
hear new information.

5.6.7 City Manager’s Report
The City Manager’s Report portion of the meeting
agenda provides an opportunity for the City Manager
to report on items of interest, status reports on
significant projects, updates on events or meetings
- 17 -
they participated in, and provide acknowledgement to
citizens or individuals.

The City Manager’s Report can be presented in Staff
Report format or may be done verbally.

5.6.8 Future Agenda Items
Future Agenda Items is a brief list of items to be
considered by Council at upcoming Council meetings
and serves as an opportunity for Council Members to
request items to be placed on a future agenda as
described in section 5.5.1 of this document.

5.6.9 Council Reports and Communications
The purpose of this time is to allow Council Members
the opportunity to provide a brief update or share
information regarding a particular matter.

Examples of appropriate communications would be
information of general interest received from outside
agencies, comments or inquiries received from
individuals and reports on meetings attended and other
items of community interest. This time is not
intended for action items.

Council Members shall govern themselves as to the
length of their comments. The Mayor has the
responsibility to assist Council Members in keeping
their comments brief.

State law8 provides that Council can take action only
on such matters that have been properly noticed in
advance of the meeting, unless special circumstances
are found to exist. Formal action or approval on nonagendized items is not allowed.

5.6.10 Public Comment (before Closed Session)
Members of the Public may be heard on any item
under the Closed Session. Speakers addressing
Council will be limited to three minutes per speaker,
or such a time as the presiding officer prescribes. Be
advised that, by law, neither the City Council nor the
Board is able to discuss, deliberate or take action on
issues presented during Closed Session Oral
Comments.

5.6.11 Closed Sessions (as needed)
The Brown Act requires all council action to be
discussed and taken in open session, except for
specified and limited exceptions such as personnel

8. California Govt. Code 54950, et seq.
matters, real property negotiations, and pending or
threatened litigation.

ALL MATTERS DISCUSSED IN CLOSED
SESSION ARE CONFIDENTIAL.

Closed Sessions are held at the end of the regular
Council meeting and, if needed, can be continued to
the next regular meeting.

A. City Council Members shall consider all written
materials and verbal information provided to them on
matters that are confidential under State law in
complete confidence to insure that the City's position
is not compromised. No disclosure or mention of
information in these materials shall be made to anyone
other than Council Members, the City Attorney or
City Manager.

B. If the City Council in closed session has provided
direction to the City Manager or City Attorney on
proposed terms and conditions for any type of
negotiations whether it be related to property
acquisition or disposal, a proposed or pending claim
or litigation, and/or employee negotiations, all contact with the other party and/or attorney shall be limited to, and made by, the designated City staff representative
handling the negotiations, claim or litigation. No
Council Member shall have any contact or discussion
with the other party or its representative involved with the negotiation, claim or litigation during this time,
nor shall any Council Member communicate or
disclose any discussion conducted or information
received in closed sessions. All public statements,
information and press releases shall be handled
exclusively by the designated spokesperson.

5.6.12 Adjournment
Adjournment of a meeting is customarily by motion of
the City Council or can be accomplished by
unanimous consent and the Mayor simply declares the
meeting adjourned. A motion to adjourn to another
time can be done similarly, but is debatable only as to the time to which the meeting is to be adjourned.

5.7 TYPES OF COUNCIL ACTIONS

5.7.1 Consent Calendar
Those items on the Agenda which are considered to be
of a routine and non-controversial nature by the City
Manager shall be listed on the Consent Calendar.
- 18 -
These items so listed shall be approved, adopted, and
accepted. by one motion of the Council.

At the request of any Council Member a Consent
Calendar Item shall be considered separately in the
order of the agenda following approval of the
remaining “Consent Calendar”.

Typical Motion: “I move that Consent Calendar items
x - xx (with the exception of items which have been
removed) be approved as received.”
The Mayor confirms the motion and the second before
calling for the vote.

A second to any motion must be received before a
motion may be voted on.

5.7.2 Ordinances
Ordinances are the laws of the municipality. City
Councils are given the power to pass ordinances by
Government Code Section 37100 as long as those
ordinances are not in conflict with the laws and
Constitution of the State of California or the United
States.

Regular ordinances may only be adopted at a regular
City Council meeting or an adjourned regular City
Council meeting.9
Approval of an ordinance requires a first reading or
introduction and a second reading and adoption, with
at least five days between readings (except an urgency
ordinance). The passage of an ordinance requires the
affirmative votes of at least three Council Members.

A notice of intent to adopt with an ordinance summary
is posted in three public places10 at least five days
prior to adoption and a Notice of Adoption with an
ordinance summary is posted within 15 days of
adoption.11
An ordinance becomes effective 30 days after
adoption. The 30 day time frame is known as a
referendum period. A referendum period is required
by state law and is a time frame in which any citizen
can file a petition challenging the legality of a recently adopted ordinance. An ordinance is an action that can

9. California Govt. Code 36934

10. City Hall, the Chamber of Commerce, and River Lodge

11. California Govt. Code Section 36933
be repealed or amended only by a subsequent
ordinance.

First Reading
Typical motion: "I move to introduce and hold the
first reading of Ordinance xxxx-xxx, and read by title
only.

The Mayor confirms the motion and the second, and
the City Clerk reads the ordinance title before calling for the vote.

Second Reading
Typical Motion: "I move to hold the second reading
and adopt Ordinance xxxx-xxx, and read by title only”
The Mayor confirms the motion and the second, and
the City Clerk reads the ordinance title before calling for the vote.

A second to any motion must be received before a
motion may be voted on.

An ordinance requires a roll call vote.

5.7.3 Urgency Ordinances
In matters deemed by the City Council to warrant
immediate action to preserve peace, public safety or
health, an emergency ordinance may be passed
immediately upon introduction at either a regular or
special meeting, and can be effective immediately.

5.7.4 Resolutions
A resolution expresses the policy of the Council on
directing certain types of procedural or administrative actions. It requires only one reading and may be
changed by subsequent resolution.

A resolution is also required to award contracts and
authorize expenditure of funds.

Typical Motion: “I move to adopt Resolution xxxx-xx
and read by title only.

The Mayor confirms the motion and the second, and
the City Clerk reads the resolution title before calling for the vote.

A second to any motion must be received before a
motion may be voted on.
- 19 -
A resolution may be adopted by consent calendar
vote, a roll call vote or a voice vote.

5.7.5 Proclamations
A proclamation is a public declaration of the
Council’s endorsement of something such as a special
event or happening. Such a public announcement
usually is made at the request of the organization
sponsoring the event or happening and not for
functions of a personal nature including but not
limited to, a birthday or anniversary.

5.7.6 Minute Orders
These ordinarily indicate majority approval for a
procedural action. Minute orders are usually used for
disposition of business items on the agenda. Minute
Orders apply to items in which action was taken by
the council other than a resolution or ordinance.

5.7.7 Public Hearings
A public hearing is the open consideration of an issue
within a regular meeting of the City Council, for
which special public notice has been given and may
be required. During a specified portion of the hearing, any resident or concerned individual is invited to
present information, offer support or objection for the subject under consideration. Public hearings are
required for such items including but not limited to,
zoning changes, annexations, and fees or rates.

A public hearing may be continued or re-continued12
to a subsequent meeting following the same
procedures set forth in section 5.3.3 of this document.

6. CITY ORGANIZATION

6.1 CITY MANAGER
The City Manager, appointed by the City Council, is
responsible for the overall administration of the City
in response to the policies and programs established
by the City Council. The City Manager is responsible
for forecasting the program and service needs of the
City and its related financial, personnel, and capital
improvement requirements.

Among the programs conducted through the City
Manager are the overall direction of all City
departments, development and implementation of the

12. California Govt. Code Section 54955.1
City’s annual budget, and providing overall planning
for future City operations.

6.2 CITY ATTORNEY
The City Attorney, appointed by the City Council, is
responsible for providing necessary legal services and
guidance to the City Council, the City Manager,
department managers, and City boards, commissions
and committees to ensure that City functions are
performed on a sound legal basis.

6.3 CITY EMPLOYEES
City employees comprise the majority of City
government. They perform the day-to-day functions
necessary to provide municipal services. Department
managers administer specific functions of City
government and are responsible to the City Manager.

7. ADVISORY COMMISSIONS AND BOARDS13

7.1 OVERVIEW
The city council is authorized to establish boards,
commissions and committees. These boards,
committees and commissions shall be organized and
governed by Section 2.20 of the municipal code,
unless otherwise stated in the ordinance establishing
said board, committee or commission. (Ord. 2006-663
§ 2).

7.1.1 Qualifications
Membership on such bodies shall be representative of
the entire community insofar as possible, and
members on such boards, commissions and
committees shall be willing to serve as a civic
responsibility and without compensation. No member
of any board or commission shall hold any paid office
or employment in the city government, unless, by
resolution, such membership is specifically authorized
or required. Appointments of qualified non-city
residents shall require a four-fifths vote of the council for confirmation. In order to be eligible for
appointment to any board or commission, a person
shall be a qualified registered elector of the city of
Fortuna, or be the owner of a business located within
the city limits. However, in no event shall less than a majority of any board or commission be made up of
qualified registered electors of the city. (Ord. 2006-

13. Fortuna Municipal Code Section 2.20
- 20 -
663 § 2).

7.1.2 Temporary committees
The mayor and the city manager, with the approval of
the council, may appoint from time to time such
temporary committees as are deemed advisable to
render counsel and advice to the council and the city
manager on any designated matters or subjects within
the jurisdiction of the council and the city manager.

Membership on such committees shall not be limited
by the requirements of this chapter. (Ord. 2006-663 §
2).

7.1.3 Appropriations
The council shall include in the annual budget such
appropriations of funds as in its opinion shall be
sufficient for the efficient and proper functioning of
such boards, commissions and committees. (Ord.
2006-663 § 2).

7.1.4 Appointments – Terms
A. The members of each such board or commission
shall be appointed by the mayor with the approval of
the council. The members thereof shall serve for a
designated term and until their respective successors
are appointed and qualified.

B. The terms of the commissioners shall be
staggered in order to provide continued continuity to
the board. No more than one-half plus one of the
board members’ terms may expire in a given year.
(Ord. 2006-663 § 2).

7.1.5 Vacancies
A. If a member of a board, commission, or
committee fails to file a financial disclosure form, if required by the city’s conflict of interest code, in the manner and at the time required by law, or violates
FMC 2.20.100, Conflict of interest, that office shall
become vacant and so declared by the council.

B. Any vacancies in any board, commission, or
committee, from whatever cause arising, shall be
filled by appointment by the mayor with the
approval of the council. When a vacancy occurs, any
appointment to fill such vacancy shall be for the
unexpired term.

C. If a member of a board, commission, or
committee absents himself from 25 percent of the
scheduled meetings, or three consecutive regular
meetings of such board, commission, or committee,
unless by permission of such board or commission
expressed in its official minutes, or ceases to be a
qualified elector of the city, his office shall become
vacant and shall be so declared by the council.

D. Any member of a board, commission, or
committee may be removed with or without cause by
the mayor with approval of the city council.

E. Applications for all scheduled and unscheduled
appointments shall be solicited as determined by the
city manager. (Ord. 2006-663 § 2).

7.1.6 Officers
A. At the first regular meeting in January of every
year, each of such boards, commissions and
committees shall organize by electing a chairperson
and vice-chairperson from its membership to serve
at the pleasure of such board or commission. In the
absence or disability of the chairperson and vicechairperson, each such board or commission may designate a temporary chairperson.

B. The city manager shall designate a staff
member(s) who shall provide for the recording of
minutes for each such board or commission, keep a
record of its proceedings and transactions, provide
staff assistance, and act as principal staff advisor.
(Ord. 2006-663 § 2).

7.1.7 Meetings – Rules and regulations – Quorum
A. Meetings. Each such board or commission shall
hold regularly scheduled meetings at a time to be
designated by the board or commission and such
special meetings as such board or commission may
require. Insofar as possible, all meetings of such
boards, commissions and committees shall be held
either in the council chambers or in the conference
room of the City Hall. All meetings shall be open to
the public, and shall comply with the public meeting
provisions of the Brown Act.

B. Rules, Regulations, and Records. Each board or
commission may prescribe its own rules and
regulations for the transaction of its business, which
rules and regulations shall be subject to the approval
of the city council, and shall be kept on file in the
office of the city clerk where they shall be available
for public inspection. Each board or commission
shall keep a written record of its meetings,
resolutions, transactions, findings, and
determinations, copies of which shall be kept on file
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in the office of the city clerk.

C. Quorum. A majority of the members of every
such board or commission shall constitute a quorum
for the transaction of business, and the affirmative or negative vote of a majority of the entire membership
shall be necessary for the final transaction of any
business. (Ord. 2006-663 § 2).

7.1.8 Compensation.

Unless otherwise provided for, the members of
boards, commissions, and committees shall serve
without compensation for their services as such but
may receive reimbursement for necessary traveling
and other expenses incurred on official duty when
such expenditures have been authorized by the
council. (Ord. 2006-663 § 2).

7.1.9 Conflict of interest.

No member of a board, commission, or committee
shall be or become directly or indirectly financially
interested in or with the performance of any contract,
work, or business, or in the sale of any article, the
expense, price or consideration of which is payable
from the city treasury or treasury of the Successor
Agency if such contract, work, business, or sale falls
within the advisory duties delegated to the board,
commission, or committee upon which such member
is serving; and provided further, that no member shall
be deemed to be financially interested, within the
meaning of the foregoing provisions, if such interest is not a prohibited interest under, and disclosure is made in accordance with, the provisions of California
Government Code, or under the provisions of the
Political Reform Act of 1974. (Ord. 2006-663 § 2).

7.2 HISTORICAL COMMISSION

7.2.1 Established – Purpose
There is created a historical commission, which shall
consist of five members.

The historical commission is established specifically
for the preservation of the Northwestern Pacific Depot
building which is a structure of significant historic and architectural worth, and for the administration of the
museum to be housed in said building which will
provide reminders of past eras, events, and persons
important to the city. The museum will be a receptacle
for future generations as an example of physical
amenities used by past generations. (Ord. 2006-663 §
2; Ord. 97-611 § 2; Ord. 355 § 1, 1975).

7.2.2 Membership terms
The historical commission shall consist of five
members. The term of office for historical
commission members shall be three years. (Ord. 2006-
663 § 2; Ord. 2005-654 § 2; Ord. 98-616 § 2; Ord. 97-
611 § 2; Ord. 90-558; Ord. 355 § 2, 1975).

7.2.3 Council representative
The mayor may designate one member of the city
council to attend the meetings of the historical
commission and provide the council with periodic
reports concerning the commission’s activities. While
attending commission meetings, the designated
council member shall observe such rules of conduct as
may be adopted and amended by the council from
time to time. (Ord. 2006-663 § 2; Ord. 98-616 § 2;
Ord. 97-611 § 2; Ord. 355 § 3, 1975).

7.2.4 Museum operation
A. The commission shall determine the types of
material artifacts to be displayed in the museum.

B. The commission shall recommend hours the
museum will remain open.

C. The commission is authorized to accept material
to be displayed either as gifts or loans and shall
determine how such material will be marked and
identified. (Ord. 2006-663 § 2; Ord. 97-611 § 2;
Ord. 355 § 4, 1975).

7.3 PARKS AND RECREATION

COMMISSION

7.3.1 Established – Purpose
There is created a parks and recreation commission
which shall consist of five members.

The commission is created to serve in an advisory
capacity to the city council, city manager and the city staff in all matters pertaining to public parks and
recreation. (Ord. 2008-676 § 2; Ord. 2006-663 § 2;
Ord. 97-611 § 2; Ord. 82-460 § 1).

7.3.2 Membership Terms
The parks and recreation commission shall consist of
five members. The term of office for parks and
recreation commissioners shall be three years. (Ord.
2008-676 § 2; Ord. 2006-663 § 2; Ord. 97-611 § 2).

7.3.3 Council Representative
The mayor may designate one member of the city
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council to attend the meetings of the parks and
recreation commission and provide the council with
periodic reports concerning the commission’s
activities. While attending commission meetings, the
designated council member shall observe such rules of
conduct as may be adopted and amended by the
council from time to time. (Ord. 2006-663 § 2; Ord.
97-611 § 2; Ord. 82-460 § 1).

7.4 PLANNING COMMISSION 14

7.4.1 Established – Purpose
There is created a planning commission to be known
as the Fortuna planning commission, which shall
consist of seven members, and one alternate member.

A. The commission shall exercise all the powers and
duties provided for a city planning commission
under the laws of the state and such additional duties
as may be assigned by the city council and by
provision as set forth in the city subdivision and
zoning ordinances.

B. The provisions of this section shall not be
construed as affecting or limiting, or as a
prerequisite to, the powers of the city council or the
electors of the city to legislate, or in any way
conflict with, the powers and duties of the city
council and the other boards or departments of the
city. (Ord. 2006-663 § 2; Ord. 2000-622 § 2; Ord.
97-611 § 2; Ord. 77-369; Ord. 348 § 2(A), 1974).

C. The Planning Commission shall act on design
review applications and follow the procedures as set
forth in FMC 17.07.100 (Ordinance 2014-707). The
purpose of design review is to review the design,
layout, and other features of proposed development
in keeping with the intent and purposes set forth in
the Fortuna General Plan.

7.4.2 Membership Terms
The planning commission shall consist of seven
members, and one alternate. The term of office for
planning commissioners shall be four years and for
the alternate shall be two years. (Ord. 2006-663 § 2;
Ord. 2000-622 § 2; Ord. 97-611 § 2; Ord. 348 § 2(B),
1974).

14. For statutory provisions regarding the planning
commission, see Government Code § 65100 et seq.

7.4.3 Compensation
Each planning commissioner shall receive $30.00 for
each meeting they attend to cover their out-of-pocket
expenses. (Ord. 2006-663 § 2; Ord. 2000-622 § 2).

7.4.4 Alternate Member
A. In addition to the seven regular members, the
mayor, with the approval of the city council, shall
appoint one resident alternate commissioner for a
term of two years, who shall have all of the powers
and duties of a regular commissioner except his or
her right to vote shall be allowed and have legal
effect only when seated as an acting commissioner
in the absence of one of the regular commissioners.

B. When a permanent vacancy is created on the
commission, the alternate shall fill that vacancy as a
regular member for the remainder of that
commissioner’s term of office. A new alternate
member shall be appointed by the mayor.

C. The alternate shall, like regular members, attend
the regular and special meetings of the commission.

The alternate shall review staff reports and
documents and otherwise prepare for such meetings.

At such meetings the alternate shall be identified for
the record.

D. The alternate shall publicly announce any items
on the agenda that he/she is disqualified from
participating in because of a conflict of interest. If, as a result of absences or conflicts of interest by the regular members at a regular or special meeting, the
alternate shall move to the seat of a regular member
and shall participate as a regular member.

E. The qualifications, appointment, removal and
other requirements applicable to the alternate shall
be the same as those for regular members of the
commission. The alternate shall also be subject to
the requirements of and shall abide by the Ralph M.

Brown Act, the Political Reform Act and other law
applicable to the regular members of the
commission. (Ord. 2006-663 § 2; Ord. 2003-641 §
1).

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8. APPENDIX

8.1 "ROSENBERG'S RULES OF ORDER"
(SIMPLE RULES OF PARLIAMENTARY
PROCEDURE FOR THE 21ST CENTURY)

BY DAVE ROSENBERG
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 5-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 20 years 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.

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, and fully participate in the process.

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 in the conduct of the meeting. The Chair
should be well versed in those rules. The Chair, for all intents and purposes, 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, the Chair as a member of the body 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, and 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
A-2
meeting. And each agenda item can be handled by the
Chair in the following basic format:

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 determined 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
with it, 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. (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.

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 determines whether the motion passes or is defeated.

Tenth, the Chair should announce the result of the
vote and should announce 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 10
days 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 . . . . "
So, a typical motion might be: "I move that we give
10-day's notice in the future for all our meetings."
The Chair usually initiates the motion by either (1)
Inviting the members of the body to make a motion.
"A motion at this time would be in order." (2)
Suggesting a motion to the members of the body. "A
A-3
motion would be in order that we give 10-day's 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 5-
member committee to plan and put on our annual
fundraiser."
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 which 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 that 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.

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.

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.

So, for example, assume the first motion is a basic
"motion to have a 5-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 5-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:

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. On the other
hand, if the substitute motion (the third motion) failed then the Chair would proceed to consideration of the
second (now, the last) motion on the floor, the motion
to amend.

Second, if the substitute motion failed, the Chair
would now 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 by 5 members or
10 members). If the motion to amend passed the Chair
would now move to consider the main motion (the
first motion) as amended. If the motion to amend
failed the Chair would now move to consider the main
motion (the first motion) in its original format, not
amended.

A-4
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 (5-member
committee), or, if amended, would be in its amended
format (10-member committee). And 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):

A 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.

A 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.

A 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.

A 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.

A 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."
When a member of the body makes such a motion, 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 2/3 vote of the body. Note: that 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 2/3 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 2/3 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 7- 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 and item. These extraordinary motions
require a 2/3 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 2/3 vote to pass.

Motion to close nominations. When choosing officers
of the body (like 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 2/3 vote to pass.

A-5
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 2/3 vote to pass.

Motion to suspend the rules. This motion is debatable,
but requires a 2/3 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.

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, perhaps
disagreement 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 a re-opener if a proper
motion to reconsider is made.

A motion to reconsider requires a majority vote to
pass, but there are two special rules that apply only to the motion to reconsider. First, is timing. A motion to reconsider must be made at the meeting where the
item was first voted upon or at the very next meeting
of the body. A motion to reconsider made at a later
time is untimely. (The body, however, can always
vote to suspend the rules and by a 2/3 majority, can
allow a motion to reconsider to be made at another
time.) Second, a motion to reconsider can only be
made by certain members of the body. Accordingly, a
motion to reconsider can only be made by a member
who voted in the majority on the original motion. If
such a member has a change of heart, he or she can
make the motion to reconsider (any other member of
the body 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 the minority
could make a motion to reconsider, then the item
could be brought back to the body again and again.

That 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 then in order. The matter can be discussed
and debated as if it were on the floor for the first time.

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.

A-6
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, "Let's return to the agenda." If a member
believes that the body has drifted from the agreedupon 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 public-friendly. 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.

About the Author
Dave Rosenberg is a Yolo Superior Court Judge.

Formerly, he served over 20 years in local
government, including 12 years on the Davis City
Council (with two terms as Mayor) and 7 years on the
Yolo County Board of Supervisors (with two terms as
Chairman of the Board). He has been Chairman or
presiding officer of numerous boards, commissions
and organizations, spanning over three decades
including the California State Lottery Commission,
the California State Victim Compensation and
Government Claims Board (formerly known as the
Board of Control), the Yolo County Economic
Development Commission, the Yolo County Criminal
Justice Cabinet, the Davis Odd Fellows Lodge, and
others. He currently serves as Presiding Judge of the
Yolo Superior Court. Rosenberg has taught workshops
on "Rosenberg's Rules of Order" for over a decade, to
county supervisors, mayors, city council members and
others. His "Rosenberg's Rules of Order" have been
adopted by numerous cities and other jurisdictions and
organizations throughout California.

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8.2 COMMITMENT TO OPEN &

TRANSPARENT GOVERNMENT
Adopted August 6, 2012

PURPOSE
The purpose of this policy is to reaffirm the City’s
commitment to open government and transparency, by
continuing to comply with all the provisions in the
Ralph M. Brown Act (the Brown Act).

BACKGROUND
On June 27, 2012 AB 1464 was signed into law and
contains a schedule of state mandates that were
suspended during the 2012-2013 budget year,
including the Brown Act. The same day, Senate Bill
1006, amended Section 17581 of the Government
Code by adding the following language: “All statemandated local programs suspended in the Budget Act for the 2012–13 fiscal year shall also be suspended in
the 2013–14 and 2014–15.” The suspension will
therefore last 3 years. It is believed that the suspension of the State mandates for a three year period is a result of the State’s dire fiscal condition.

The portions of the Brown Act that were suspended
include:
• The preparation and posting at least 72 hours
before a regular meeting of an agenda that
contains a brief general description of each
item of business to be transacted or discussed
at the meeting.
• Inclusion on the agenda of a brief general
description of all items to be discussed in
closed session.
• Disclosure of each item to be discussed in
closed session in an open meeting, prior to
any closed session.
• Report in open session prior to adjournment
on the actions and votes taken in closed
session regarding certain subject matters.
• Provide copies to the public of certain closed
session documents.

On July 18, 2012, the League of California Cities
Board of Directors adopted a Resolution urging all
cities to adopt a policy statement pledging continued
compliance with the Brown Act.

POLICY
SECTION 1. The City Council of the City of
Fortuna, its appointed Committees, City
Boards and Commissions, and other City
government entities that are currently required
to comply with the Brown Act are directed to
continue to so, regardless of the suspension of
related mandates by the State of California.

SECTION 2. The City Council of the City of
Fortuna reaffirms its commitment to maintain
compliance with the Brown Act to ensure the
actions of City government are open and
transparent and to continually and faithfully
comply with all of the requirements of the
Brown Act during this three year suspension
and into the future.

SECTION 3. The City of Fortuna’s voluntary
compliance with the suspended provisions of
the Brown Act shall not be construed to grant
any rights or remedies related to any claim of
non-compliance with suspended provisions of
the Brown Act.

The foregoing City Council Policy was approved
through the adoption of Resolution 2012-41 on
August 6, 2012
___________/s/_______________
Douglas Strehl,
Mayor, City of Fortuna
ATTEST:
__________/s/________________
Linda Jensen, CMC
City Clerk, City of Fortuna