Fremont City Council Meeting: 09/19/23 07:00 PM
3300 Capitol Avenue Div/Dept: City Attorney's Office
Fremont, CA 94538 Category: Plans, Policies and Studies
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5006) DOC ID: 5006
Updated: 9/14/2023 7:05 PM by Susan Gauthier Page 1
REVISE CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES -
Consideration of Revisions to the Council Handbook to Incorporate Rosenberg’s Rules of Order
Contact Persons:
Name: Rafael Alvarado
Title: City Attorney
Div/Dept: City Attorney's Office
Phone: 510-284-4030
E-Mail: [email protected]
Executive Summary: The following report is being presented to the City Council for consideration of adoption of a resolution to amend the City Council Handbook of Rules and Procedures to incorporate Rosenberg’s Rules of Order as the applicable guide for parliamentary procedure and other technical revisions.
BACKGROUND: Since the incorporation of the City of Fremont in 1956, City Councils have relied on the City Council Handbook of Rules and Procedures (“Council Handbook”) as a guide to conduct business as a group and a tool to facilitate public meetings. The content of the Council Handbook is a series of procedures and rules developed by past and present councils. In December 1997, the City Council adopted the existing Council Handbook and amendments have been made periodically by resolution. The purpose of the Council Handbook is to serve as a convenient reference and guide for conducting the business of the City at public meetings by listing relevant procedures, practices and customs. The primary users of the handbook are the City Councilmembers, City Manager, City Attorney, and City Clerk. It is a public document.
DISCUSSION/ANALYSIS: Meetings of the City Council are governed by the Council Handbook. Appendix A of the Council Handbook provides a set of procedural rules and motions primarily based upon Robert’s Rules of Order (“Robert’s Rules”). Robert’s Rules are the most referenced parliamentary procedures and are used by public agencies and private organizations throughout the United States. The latest edition of Robert’s Rules, 12th edition, is an 816-page book and the condensed version is 224 pages. This length can present an obstacle to its use by a governing body.
Rosenberg’s Rules of Order (“Rosenberg’s Rules”) is a 10-page simplified set of parliamentary procedures that local governments in California are increasingly adopting as an alternative to Robert’s Rules. Rosenberg’s Rules was developed by David Rosenberg, a longtime Superior Court judge in Yolo County, based on his decades of experience chairing meetings in state and local government.
On March 14, 2023, the City Council directed City staff to revise the Council Handbook to incorporate Rosenberg’s Rules as the governing parliamentary procedures. Accordingly, City staff recommends that the City Council approve the attached updated City Council Handbook that includes the following proposed edits:
Council Staff Report (ID # 5006) Meeting of September 19, 2023 Updated: 9/14/2023 7:05 PM by Susan Gauthier Page 2
• Chapter V, Rules of Order: Incorporates Rosenberg’s Rules of Order as the governing parliamentary procedures.
• Chapter V, Reorganization: Reorganizes procedural rules by consolidating Chapter V (Procedural Rules) and Appendix A (Procedural Rules). Adds subsection “Precedence of Motions” from Appendix A into Chapter V, but deletes the descriptions of motions derived from Robert’s Rules of Order located in Appendix A.
• Chapter V, Failure to Vote: Maintains the existing rule that a failure to express a vote constitutes an affirmative vote but amends the language for purpose of clarity.
• Chapter V, Legal Disqualifications: Adds language to conform to the requirements of California Government Code section 87105 regarding the duties of Council Members in circumstances of conflicts of interest in City Council decisions.
The proposed changes to the Council Handbook are reflected as Track Changes in the attached draft of the Council Handbook, including technical edits to align with changes in state law. City staff has prepared a chart demonstrating the differences in how motions are made in the existing Council Handbook versus Rosenberg’s Rules. Also attached is a copy of the most recent version of Rosenberg’s Rules.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: None.
ATTACHMENTS:
• Draft Resolution
• Council Handbook Revised
• Motions Comparison Chart
• Rosenberg's Rules of Order
RECOMMENDATION: Adopt a resolution amending the City Council Handbook or Rules and Procedures to incorporate Rosenberg’s Rules of Order and other technical revisions.