HANDBOOK
OF
RULES AND PROCEDURES
CITY OF FREMONT
CITY COUNCIL
PREFACE
As provided by California Government Code Section 36813, the City Council of the City of Fremont establishes the Handbook of Rules and Procedures contained herein. The Handbook shall be in effect upon adoption by the City Council and shall remain in effect until such time as it is amended, or new rules are adopted in the manner provided herein.
In addition to the Handbook of Rules and Procedures, the City Council has included in this document other information which may be useful to the City Council, administrative staff, the general public and is to be known as “The Handbook of Rules and Procedures of the Fremont City Council.”
Adopted December 1997
Resolution No. 9233, dated December 9, 1997
Amended July 2001
Resolution No. 9684, dated July 17, 2001
Amended February 2006
Resolution No. 2006-12, dated February 28, 2006
Amended December 2011
Resolution No. 2011-64, dated December 6, 2011
Amended December 2018
Resolution No. 2018-69, dated December 4, 2018
Amended September 2021
Resolution No. 2021-62, dated September 7, 2021
Amended October 2022
Resolution No. 2022-57, dated October 18, 2022
Amended _____ 2023
Resolution No. 2023-XX, dated ________, 2023
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CITY OF FREMONT
CITY COUNCIL
RULES AND PROCEDURES
TABLE OF CONTENTS
Chapter I – General Powers and Duties
A. Legislative Body ......................................................................................................1 B. City Council Basic Power ........................................................................................1 C. City Council .............................................................................................................1
1. Mayor ...........................................................................................................1
2. Councilmembers ..........................................................................................1 D. Mayor as Presiding Officer ......................................................................................1 E. Vice Mayor ..............................................................................................................1 F. Vice Mayor Selection and Duties ............................................................................2
1. General Provisions. ......................................................................................2
2. Regular Order of Selection ..........................................................................2
3. Order of Selection upon Vacancy ................................................................2
4. Other Instances .............................................................................................3
5. Appointment of Vice Mayor ........................................................................3
6. Vice Mayor as Presiding Officer .................................................................3 G. Rules of Procedures. ................................................................................................3 H. Interference in Staff Functions.................................................................................3 I. Council Position on Ballot Measure(s) ....................................................................3
Chapter II – City Council Norms and Protocols
A. Norms Regarding City Councilmember Conduct…………………………………4 B. Accepted Protocols for City Councilmembers …………………………………...4 C. Town Hall Meetings ……………………………………………………………...5
Chapter III – City Council Meetings
A. Duties of Presiding Officer. .....................................................................................6 B. Call to Order ............................................................................................................6 C. Roll Call. ................................................................................................................ ..6 D. Quorum. ................................................................................................................... 6 E. Lack of Quorum .......................................................................................................6 F. Recognition to Speak, Councilmember ...................................................................6
1. Interruptions .................................................................................................6
2. Challenged While Speaking .........................................................................7
3. Public Hearings ............................................................................................7 G. Councilmember Obligation after Absence ...............................................................7 H. Deadline for New Business ......................................................................................7 I. Business Items Out of Order ....................................................................................7 J. Recordings ...............................................................................................................7
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Chapter III – City Council Meetings (continued)
K. Agenda Format for Regular Meetings .....................................................................7
1. Preliminary ...................................................................................................7
2. Consent Calendar .........................................................................................7
3. Ceremonial Items .........................................................................................8
4. Public Communications ...............................................................................8
5. Scheduled Items ...........................................................................................8
6. Other Business .............................................................................................8
7. Items Referred by Councilmembers ............................................................8
8. Adjournment ................................................................................................8 L. Components of a Regular Meeting ..........................................................................8
1. Consent Calendar .........................................................................................8
2. Minutes. .......................................................................................................8
3. Public Communications ...............................................................................9
4. Legislative Matters.....................................................................................10
5. City Council Referrals ...............................................................................10
6. Appointments .............................................................................................11 M. Addressing the City Council ..................................................................................11
1. Speaker Card and Speaker Time ................................................................11
2. One Speaker at a Time ...............................................................................11
3. Questions and Comme nts from the Public .................................................11
4. Addressing the City Council after a Motion is Made ................................11 N. Continued Agenda Items ........................................................................................12 O. Public Hearing Closed ...........................................................................................12 P. Special Meeting- Work Sessions ...........................................................................12 Q. Scheduled Recesses ...............................................................................................12 R. Cancellation of Meeting .........................................................................................12
Chapter IV – City Council Meeting Decorum
A. Enforcement of Decorum .......................................................................................13 B. Courtesy .................................................................................................................1 3 C. Noise in the Lobby .................................................................................................13 D. Crowd Control in Council Chambers ....................................................................13 E. Smoking, Food and Drink ......................................................................................14 F. Distribution of Litera ture and Other Materials in City Council Chambers ...........14
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Chapter V – Procedural Rules
A. Rules of Order ........................................................................................................15 B. Modifications to Rosenberg’s Rules of Order .......................................................15 C. Precedence of Motions ...........................................................................................15 D. Rules of Discussion................................................................................................15
1. Division of Question ..................................................................................15
2. Voting ........................................................................................................16
4. Tie Votes ....................................................................................................16
3. Failure to Vote ...........................................................................................16
3. Abstentions, ...............................................................................................16
3. Legal Disqualifications ..............................................................................16
3. Enforcement ...............................................................................................16
5. Appeal from the Mayor’s Decision ............................................................16
Chapter VI – Boards, Commissions, and Committees: City Representatives and Standing Committee
A. Boards, Commissions and Committees - City Representatives -Standing Committee ..............................................................................................................17
1. Definitions..................................................................................................17
2. Application and Appointment Process .......................................................17 B. Appointment to Outside Agencies .........................................................................19
1. Citizen Appointments ................................................................................19
2. Councilmember Appointment ....................................................................19 C. Removal of Member of Board or Commission or Committee or City Representative ........................................................................................................20 D. Waiver of Requirements ........................................................................................20
Appendix A - Council Travel Budget and Expense Reimbursement Policy
Appendix B - Paperless Council Agenda Process
Appendix C – Requests for Ceremonial Recognition
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CHAPTER I - GENERAL, POWERS and DUTIES
A. Legislative Body:
The governing legislative body of the City of Fremont is a City Council consisting of six Councilmembers and a Mayor. The Mayor is elected by the qualified voters of the city at large. The Councilmembers are elected from one of six districts. When reference to all the members of the City Council, inclusive of the Councilmembers and Mayor, is intended, use of the terms “Councilmembe rs” or “City Council” are appropriate substitutes for the term “Council Members and Mayor.”
B. City Council Basic Power:
All powers of the City are and shall be vested in the City Council, subject to the provisions of the Fremont Municipal Code and to the Constitution and statutes of the State of California.
C. City Council:
1. Mayor: The Mayor shall hold office for a term of four years. The Mayor shall be sworn into office followi ng certification of the gene ral municipal election and continue in office until a successor qualifies.
2. Councilmembers: Councilmembers shall hold office for a term of four years. Three Councilmember offices shall be elected at each general municipal election. Each Councilmember elected shall be sworn into office following certification of the general municipal election and continue in office until a successor qualifies.
D. Mayor as Presiding Officer:
The Mayor shall be recognized as the official head of the City of Fremont for all ceremonial purposes. Requests for ceremonial recognition shall be made to the Mayor in accordance with the procedures set forth in Appendix D – Ceremonial Document Request Procedure.
The Mayor shall be the Presiding Officer of the City Council and shall preside at the meetings of the City Council. The Mayor ma y move, second, and de bate from the Chair, subject to such limitations of debate as are imposed on all Councilmembers by these rules and shall not be deprived of any of the right s and privileges of a Councilmember as such Presiding Officer. The Mayor shall possess no veto power.
E. Vice Mayor:
In the absence of the Mayor, the Vice Mayo r shall possess and pe rform the powers and duties of the Mayor.
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F. Vice Mayor Selection and Duties:
1. General Provisions:
The purpose of these provisions is to ma ke the designation of the Vice Mayor a ministerial action, while at the same time providi ng an opportunity for each Councilmember elected at a general municipa l election to have the opportunity of serving as Vice Mayor during his or her term of office. No Councilmember who is appointed or elected to fill the unexpired term of a vacant office of Councilmember shall be appointed as Vice Mayor.
2. Regular Order of Selection:
The Councilmember who received the highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the first eight months following the next general municipal el ection. The Councilmember who received the second highest number of votes during the previous general municipal election shall be appointed Vice Mayor for the next eight months. The Councilmember who received the third highest number of votes during the pr evious general municipal election shall be appointed Vice Mayor for the next eight months.
For example, the Vice Mayor rotation fo r the six Councilmembers based on the 2018 and 2020 general municipal elections would proceed as follows:
Vice-Mayor Term
“Previous General
Municipal Election”
Yea
r
Councilmember to Be
Appointed Vice Mayor
Nov. 2019-July 2020 2018 Highest number of votes in
2018 election
July 2020-March 2021 2018 Sec ond highest number of
votes in 2018 election
March 2021-Nov. 2021 2018 Third highest number of
votes in 2018 election
Nov. 2021-July 2022 2020 Highest number of votes in
2020 election
July 2022-March 2023 2020 Sec ond highest number of
votes in 2020 election
March 2023-Nov. 2023 2020 Third highest number of
votes in 2020 election
3. Order of Selection Upon Vacancy:
If a vacancy occurs in an office of a Councilmember, the order of selection pursuant to the above section shall be modified if necessary, as follows: If the vacancy is in the office of a Councilmember and is the incumbent Vice Mayor, then the Councilmember who was the last previous Vice Mayor shall be appointed Vice Mayor for the remainder of that eight month term. If the vacancy is in the office of a Councilmember who has not yet served as Vice Mayor during his or her term of office, then the Councilmembers next in the order of selection pursuant to the above
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section shall each have their appoi ntment as Vice Mayor advanced, notwithstanding that as the result of such vacancy or prior or future vacancies, the order of selection will be m odified with the effect that a subsequent Vice Mayor will be only in the second or first year of his or her term of office as a Councilmember.
4. Other Instances:
In the event a situation occurs, resulting from a vacancy in an office of a Councilmember, which is not addressed in these rules, the City Council shall promptly consider what revision to the rules, if any, are necessary prior to the appointment of the Vice Mayor.
5. Appointment of Vice Mayor:
The City Clerk shall schedule the appointment of the Vice Mayor for the last regular City Council meeting of the current Vice Mayor’s term (or at the next regular meeting following a vacancy) , and shall publish in the agenda the name of the Councilmember to be appointed. At the meeting the Mayor shall make a motion nominating the Councilmember to be designated as the Vice Mayor.
6. Vice Mayor as Presiding Officer:
While performing in the absence of the Mayor as the Presiding Officer at meetings of the City Council, the Vice Mayor ma y be addressed as Mayor (however, documents executed by the Vice Mayor in the absence of the Mayor shall be signed as Vice Mayor. (G.C. 34904 & 36801)
G. Rules of Procedures:
1. The City Council shall deter mine its own rules of procedures and amend them from time to time, or adopt new rules as it deems necessary. Amendment to or adoption of new City Council Rules shall be accomplished by majority vote.
2. Any Councilmember may move the Mayor to enforce the rules and a majority vote of the City Council shall require the Mayor to so act.
HG. Interference in Staff Functions:
The City Council shall deal with the administrative services of the City only through the City Manager, and legal services of the Ci ty through the City Attorney, except for the purpose of inquiry and neither the City Council nor any member thereof, shall give orders to subordinates of the City Manager. No member of the City Council shall publicly criticize or censure any staff member of the City, and shall instead relay any criticism of a staff member privately through the City Manager, or City Attorney for st aff within the City Attorney’s Office.
IH. Council Position on Ballot Measure(s):
A 5/7 vote will be required for support or opposition on a ballot measure.
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CHAPTER II – CITY COUNCIL NORMS AND PROTOCOLS
A. Norms Regarding City Councilmember Conduct
1. Maintain a citywide perspective while being mindful of districts.
2. Be mindful of how Council member conduct can promote or hamper teamwork of governing.
3. Councilmembers will acknowledge that Counc il actions/decisions represent City policy once a decision is made.
4. Councilmembers will listen to one another, communicate respectfully with each other, and seek to understand one another.
5. Find consensus with Councilmembers wh en possible; find areas of agreement within the areas of disagreement.
6. Respect other Councilmembers’ opinions . Accept that Councilmembers will not always agree. Disagree respectfully and professionally. Do not make things personal.
7. Never assume intent re garding other Councilmember actions. Do not ascribe motives.
8. Maintain confidentiality of confidential matters.
9. Respect the roles of the Mayor, Counc il and staff in creating policy and in implementing policy.
10. Respect the Council/Manager form of government.
11. Communicate concerns about staff to the ci ty manager, or city attorney for staff within the City Attorney’s Office. Do not criticize staff in public. Do not apologize on behalf of the staff or other members of Council.
B. Accepted Protocols for City Councilmembers
1. Craft clear City Council motions so th at staff and Councilmembers all understand what is intended. If staff needs clarification, the city manager or city attorney will ask for clarification and/or recap and summarize the motion to ensure it is understood.
2. Seek to be efficient in comments at C ity Council meetings. It is unnecessary for Councilmembers to speak on every item or to repeat an opinion that has already been stated by another Councilmember.
Chapter II – City Council Norms and Procedures (Continued)
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3. Provide reports and other information to City Council colleagues and staff about committee assignments in written summary format and/or at City Council meetings under Councilmember communications, especially when something is time- sensitive.
4. Participate in the League of California Cities, National League of Cities, US Conference of Mayors and other organizations that relate to City of Fremont work in order to enhance personal professional development as governing body members, and to learn about new approaches and common issues being addressed by other local governments.
5. When foreign dignitaries request official City of Fremont events with members of the City Council in the Councilmembers’ official capacity, courtesy invitations should be extended to all members of the City Council. For those contacts and invitations extended to individual Councilmembers that are not official City of Fremont events, it will be at the discretion of the individual Councilmember to determine who, if anyone, to extend an invitation to. City property can be used for official business with foreign dignitaries, with alternate locations considered for unofficial business.
6. During City Council campaign season s, the city attorney will remind Councilmembers of their obligations and limitations, including prohibitions on use of any City resources including, but not limited to, City equipment, City employees, City logo or other official City designations in campaign literature, signs, social media or other communications.
7. Refrain from using technol ogy to communicate with others during City Council meetings.
8. Refrain from using the City’s logo or any photos with City staff in ways inconsistent with City laws and policies.
C. Town Hall Meetings
Councilmembers shall be permitted to hold one Town Hall meeting within their district per year. Town Hall meetings require the use of City resources, including staff, for scheduling, advertising, setting up, recording and otherwise managing the Town Hall.
Councilmembers may hold additional Town Hall meetings within their districts if they do not request the assistance of city staff or the use of city resources.
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CHAPTER III - CITY COUNCIL MEETINGS
A. Duties of Presiding Officer:
The Mayor shall act as the Pres iding Officer at all meetings of the City Council and shall preserve strict order and decorum at all times. The Mayor shall state each question coming before the City Council, and shall restate each question immediately prior to calling for the vote. Following the vote, the Mayor shall annou nce the results of the vote. The Mayor is eligible to vote on all quest ions, and shall direct the order of participation of Councilmembers. The Mayor shall, in all instances, have the last chance to speak.
B. Call to Order:
The meetings of the City Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Vice Mayor. In the absence of the Mayor and the Vice Mayor, the meeting shall be called to order by the most senior Councilmember present. This person shall serve as the Council’s presiding officer until the ar rival of the Mayor or Vice Mayor, or until adjournment of the meeting.
C. Roll Call:
Before proceeding with the business of the City Council, the City Clerk shall call the roll of the Councilmembers and the names of those present and those absent shall be entered in the minutes of the meeting. The Presidin g Officer shall announce that a late Councilmember has arrived for the benefit of the television audience.
D. Quorum:
Four Councilmembers shall constitute a quorum for the transaction of business. A majority of a quorum shall be sufficient to pass any action taken by the City Council except on such matters which, by law, require a greater majority.
E. Lack of Quorum:
If a majority of Councilmembers are absent from any meeting the City Clerk may declare the meeting adjourned to a stated time and place and shall prepare a written notice of the adjournment and conspicuously post it at the entrance to the Council Chambers.
F. Recognition to Speak, Councilmember:
Every Councilmember desiring to speak shall address the Mayor and, upon recognition by the Mayor, shall confine his or her remarks to the question under debate.
1. Interruptions:
A Councilmember, once recognized, shall not be interrupted while speaking unless called to order; unless a motion to raise a point of order is raised by another Councilmember, or unless the Councilmemb er speaking chooses to yield to questions from another Councilmember.
Chapter III – City Council Meetings (Continued)
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2. Challenged While Speaking:
A Councilmember, challenged while speaking, shall cease speaking until the point of order is determined. The Councilmember shall be permitted to proceed if ruled to be in order. Conversel y, the Councilmember shall re main silent or alter any remarks to comply with rules of the City Council if found not to be in order.
3. Public Hearings:
Councilmembers should not speak to the meri ts of an issue, other than to ask questions, until the public hearing has been closed. If the agenda item is an appeal of other than a legislative matter, C ouncilmembers should acknowledge and state the substance of any prior discussion of the item with any person (other than personal consultants not having an interest in the matte r) at the beginning of the hearing.
G. Councilmember Obligation after Absence:
When a Councilmember is absent from an earlier meeting at which a matter was discussed, it shall be the duty of that Councilmember to become acquainted with the issues discussed by reading the documents presented and when po ssible, listening to or viewing the taped recording of the meeting missed.
H. Deadline for New Business:
Generally, no new item of business will be discussed or considered after 11:30 p.m. unless approved by the City Council.
I. Business Items out of Order:
The Mayor may, with the consent of the City Council, modify the order of the agenda.
J. Recordings:
All meetings (except closed sessions) of th e City Council shall be recorded and stored electronically.
K. Agenda Format for Regular Meetings :
Order of Business: The business of the City Council sh all be taken up for consideration and disposition in the following order:
1. Preliminary:
Call to Order
Salute to the Flag
Roll Call
Announcements-Mayor and/or City Manger
Report Out of Closed Session (if applicable)
2. Consent Calendar:
Approval of Minutes
3. Ceremonial Items
Chapter III – City Council Meetings (Continued)
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4. Public Communications:
Written
Oral
5. Scheduled Items:
Public Hearings
Appeals
Reports from Boards, Commissions, and Committees
6. Other Business
7. Items Referred by Councilmembers:
Councilmember Referrals
Appointments to Boards, Commissions, Committees
Legislative Actions
Report on Committee Assignments
8. Adjournment
L. Components of a Regular Meeting:
The published agenda shall consist of an agenda and summary reports providing sufficient information needed for deliberation and action.
1. Consent Calendar:
Routine items that are not controversial in nature and do not require a public hearing may be placed on the consent calendar at the Mayor’s discretion. All items may be approved by one motion and one vote. A ny Councilmember or member of the public or their representative may request any item be withdrawn from the consent calendar for separate consideration in its regular order of business.
2. Minutes:
a. Description:
The minutes of a City Council mee ting shall be “acti on minutes” which include the motions made, actions ta ken, and a brief summary of public comments.
b. Reading of Minutes:
If each Councilmember has been furnished with a copy of the minutes prior to the meeting, the minutes may be approved without reading. If a Councilmember raises a point of correction to the minutes of a City Council meeting, those minutes will not be approved at that meeting. Consideration of such minutes will be continued to the next regular meeting.
c. Remarks of Councilmember- When Entered into the Minutes:
Chapter III – City Council Meetings (Continued)
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A Councilmember may request, through the Mayor, the privilege of having an abstract of a Councilmember’s statement on any subject under consideration by the City Council ente red into the minutes. If the City Council consents, the statement shall be entered. If a Councilmember voted in the minority, however, that Councilmem ber has the right to an abstract of such dissent entered into the minutes which explains an affirmative vote on a ministerial or other routine acti on on an underlying project or other matter as to which the Councilmember voted in the minority. An “abstract” is defined here as “a statement summarizing the important points of a given text.” The Councilmember requesting an abstract sh all succinctly summarize his or her position to be entered into the minutes. The request must be made and acted upon prior to hearing another item. The abstract must be submitted the to the City Clerk the following business day.
3. Public Communications:
a. Written:
Subject to the time limits described in this document, any member of the public or their authorized representa tive may address the City Council by written communications.
b. Oral:
Subject to the time limits described in this document, any member of the public or their authorized representativ e, may address the City Council on any matter concerning the City’s bu siness, or any matter over which the City Council has control, whether on its posted agenda or not. Comments on items included on the agenda sha ll be reserved until the Council considers those items. However, th e City Council is prohibited from extensively discussing or taking acti on on an item not appearing on its posted agenda under the provisions of the Brown Act. Any issue raised under “Oral Communications” will therefore be limited to a determination whether it should be placed on a future agenda for discussion, action, or report. Exceptions to this rule are set forth in the Brown Act.
c. Special Meeting-Work Sessions:
Subject to the time limits described in this document, any member of the public or their authorized representa tive may address the City Council on matters contained on a Special Meeting-Work Session agenda.
4. Legislative Matters:
Generally, public hearings shall be conducted in the following order:
a. Regular Hearings:
Staff presentation
Questions of staff by Councilmembers
Hearing opened by Mayor
Public Comments
Chapter III – City Council Meetings (Continued)
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Hearing closed by Mayor
Questions by Councilmembers
Discussion by Councilmembers
Action by City Council
b. Appeals:
Staff presentation
Questions of staff by Councilmembers
Hearing opened by Mayor
• Appellant’s comments
• Public comments
• Rebuttal-Appellant comments
Hearing closed by Mayor
Questions by Councilmembers
Discussion by Councilmembers
Action by City Council
5. City Council Referrals:
a. Any Councilmember may, pr ior to any regular City Council meeting, bring any matter to the attention of the City Council which is not otherwise scheduled on a City Council agenda. The matter will be placed on the next available agenda in the Council Referral section. The sponsoring Councilmember shall give the City Ma nager a brief description of the subject to be printed in the agenda, sufficient to inform the City Council and public of the nature of the referral. All referrals shall be submitted to the City Manager, with a copy to the City Clerk, no later than five business days before the next City Council meeting.
b. The City Council, after considerin g the referral, may do any of the following:
(1) Take no action;
(2) Refer the matter to staff to sche dule as a future City Council agenda item;
(3) Take dispositive action if Council finds that sufficient notice to the Council and the public has been provided by the published agenda, sufficient information has been received by the Council, and no formal published notice of a public hearing is required.
c. The Councilmember who requested the referral has the privilege of speaking first on the item.
6. Appointments:
Appointments to the City Boards, Commi ttees and Commission shall be made as described in Chapter V of this document.
Chapter III – City Council Meetings (Continued)
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M. Addressing the City Council:
1. Speaker Card and Speaker Time:
A person desiring to address the City Council is encouraged to complete a “Request to Address the City Council” (speaker card). Dependi ng upon the extent of the agenda and the number of persons desiri ng to speak on an issue, the Mayor may limit the time for individual comments. When deemed necessary, the mayor may allocate a longer speaker time without objection from the City Council. The following time limits apply unless modified by the Mayor.
Oral Communications
Individual speakers -3 minutes
Public Hearings
Applicant/appellant - 10 minutes
Individual speakers - 3 minutes
Rebuttal by applicant/appellant - 5 minutes
2. One Speaker at a Time:
No person, other than the person having the floor, shall be permitted to enter into any discussion without the permission of the Mayor. All discussions shall be through the Mayor, and no question shall be asked of a C ouncilmember except through the Mayor.
3. Questions and Comments from the Public:
Questions and comments from the public shall be limited to the subject under consideration.
4. Addressing the City Council after a Motion is made:
No person in the audience may address th e City Council after a motion is made. without first securing per mission to do so. Upon r ecognition by the Mayor and permission being granted by the City C ouncil, the person so recognized shall confine him or herself to the question under discussion.
Chapter III – City Council Meetings (Continued)
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N. Continued Agenda Items:
It is City Council practice and policy that matters scheduled on an agenda will be heard at the meeting scheduled. When unforeseen circumstances mandate a request for continuance of an agenda item by an applicant, appellant, or other interested parties, the request must be made to the City Council at the outset of the consideration of the item. In addition, any person intending to make a request for a continuance shall inform the City Clerk, orally or in writing, as soon as possible prior to the meeting that such a request for continuance will be made. The City Clerk shall inform the Mayor. The City Council will consider the request for continuance prior to discussing the substance or merits of the agenda item. The interested parties may speak to the issue of a con tinuance without forf eiting the right to speak later to the merits of the issue if a majority of the Council so rules. Comments may be presented by persons not able to attend the meeting for which the item is finally scheduled if the City Council agrees to continue the item.
O. Public Hearing Closed:
Once a hearing is closed it is inappropriate for the public to speak except to answer an inquiry of a Councilmember addressed through the Mayor. However, a public hearing may be re-opened by the Mayor to hear new information.
P. Special Meeting-Work Sessions:
The City Council may meet in a “work session/study session” called as a Special Meeting for the purpose of acquiring information on a particular subject(s). Study sessions shall be open to the public but are not public hearings. Public input, however, will be received on item(s) on the Special Meeting-Work Session agenda.
Q. Scheduled Recesses:
The City Council will recess from any regularly scheduled City Council meetings during the entire month of August. Pr ior to a scheduled recess, the City Manager shall submit to the City Council any recommended matters anticipated to require Council approval during the recess. The City Council may, by resolutio n, authorize the City Manager to approve any recommended matters on behalf of the City of Fremont.
R. Cancellation of Meeting:
If the City Council considers and then decides to cancel a future regularly scheduled or special meeting it should take such action at the earliest prior meeting possible. If the action to cancel a meeting is taken more than one regular meeting prior to the date of the canceled meeting, the fact of any such cancellation shall also appear as an informative item on the agenda for the meeting immediately preceding the canceled meeting date.
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CHAPTER IV – CITY COUNCIL MEETING DECORUM
A. Enforcement of Decorum:
The City Manager shall assign a sergeant-at-a rms when necessary to attend City Council meetings for the purpose of maintaining order and decorum in the City Council Chambers and in the lobby. Upon instruct ions from the Mayor, the serg eant-at-arms shall eject any person from the City Council Chambers, in conformance with State law.
B. Courtesy:
1. Councilmembers:
Councilmembers shall accord th e utmost courtesy to each other, City employees and the public appearing before the City Council, and shall refrain at all times from rude and derogatory remarks, public criticism of staff, remarks as to integrity, abusive comments and statements as to motives and personalities.
2. City Employees:
Employees of the City shall observe the same rules of order and decorum applicable to the City Council.
3. Public Speakers:
Members of the public attending a City C ouncil meeting shall be encouraged to observe the same rules of order and decoru m applicable to the City Council. Any person who behaves in such a way as to be disruptive of the City Council meeting shall be removed from the room if the sergeant-at-arms is so directed by the Mayor and such person may be barred at that m eeting from further a udience before the City Council.
4. Appointed Members of Boards, Commissions and Committees:
Appointed members of Boards, Commissions and Committees of the City shall observe the same rules of order and decorum applicable to the City Council.
C. Noise in the Lobby:
Noise emanating from the lobby outside the City Council Chambers which disrupts City Council meetings shall not be permitted.
D. Crowd Control in Council Chambers:
If the City Manager, or the City Manager’s designee, anticipates in advance a crowd larger than the maximum number of attendees allowed in the City Council Chambers, he or she shall provide for appropriate crowd control.
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E. Smoking, Food and Drink:
It is unlawful for any person to smoke in the City Council Chambers (FMC 4-6100).
No one shall bring food or drink into the public area of the City Council Chambers at any time.
F. Distribution of Literature and Other Materials in City Council Chambers:
No person shall distribute flyers, leaflets, pl acards or other literat ure or circulate any petition within the City Council Chambers. Such literature may be displayed or distributed outside the City Council Chambers area.
.
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CHAPTER V - PROCEDURAL RULES
A. Rules of Order :
The purpose of parliamentary procedure is to guide the conduct of the meetings of the City Council and facilitate the tr ansaction of City business in an orderly fashion. The City Council shall determine its own rules of order and amend them from time to time, or adopt new rules as it deems nece ssary. Amendment to or ad option of new City Council procedures procedural rules shall be accomplished by majority vote. A set of procedural rules, which is derived from Roberts Rules of Order, and which is attached to this handbook as Appendix A, shall govern the Council’s processing of motions. The City Council shall refer to Rosenberg’s Rules of Order as a guide for the conduct of meetings, subject to any modifications set forth in this Chapter. The failure of the City Council to conform to said rules shall not, in any instance, be deemed to invalidate the action taken.
B. Modifications to Rosenberg’s Rules of Order:
1. The Basic Format for an Agenda Item Discussion: After the close of public comment on any agenda item, the Mayor may invite discussion of the item by the body prior to initiating a motion by a Council Member.
2. Withdrawal of Motion: A motion may not be withdrawn by the maker of the motion without the consent of the Councilmember who seconded the motion.
C. Precedence of Motions:
When a motion is before the City Council, no other motion shall be entertained except to:
1. Fix the time to adjourn to
2. Adjourn
3. Recess
4. Raise a question of privilege
5. Raise a point of order
6. Table
7. Limit or close debate
8. Postpone to a time ce rtain or indefinitely
9. Refer to staff, board, commission, committee or officer
10. Substitute the motion
11. Amend the motion
12. Motion to reconsider
BD. Rules of Discussion:
1. Division of Question:
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If the question contains two or more pr opositions, each of which is capable of standing as a complete proposition if the others are removed, the Mayor may, and upon request of a Councilmember shall, divide the question.
2. Withdrawal of Motion:
A motion may not be withdrawn by the maker of the motion without the consent of the Councilmember who seconded the motion.
32. Voting:
On every motion the vote shall be taken by electronic voting device and entered in the record. If the device is inoperable, the vote shall be taken by voice and recorded by the City Clerk. The Mayor shall announce the result of the vote.
3. Tie Votes:
When one Councilmember is absent a nd a matter under discussion remains unresolved as the result of a tie vote on all motions made on such matter, the matter shall be automatically continued to the next Council meeting when it is reasonably known that all Councilmembers will be presen t, provided that this rule shall not apply to matters involving the appellate jurisdiction of the City Council. The Council exercises “appellate jurisdiction” when it considers ma tters in which a subordinate body such as the Planning Commission could, but for an appeal to the City Council, confer final approval.
44. Failure to Vote:
When present, all Councilmembers are to vote (affirmative, dissenting, abstention).
Absent a disqualification under State law, in cluding conflict of interest provisions and prohibitions on participating when personal bias would prohibit a fair decision, it is the responsibility of every Councilmember to vote. Failure of a seated Council member to express a vote constitutes an affirmative vote.
5. Abstentions:
A Councilmember who abstains determines not to vote “yes” or “no” and shall be recorded as an abstention. A Council member who abstains from voting shall nonetheless be counted towards making a quorum.
6. Legal Disqualifications:
Any Council Member who has a conflict of interest or potential conflict of interest shall, immediately prior to the consideration of the matter, do all of the following: (a) Publicly identify the facts or circumstances that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public; (b) Recuse himself or herself from discussing and voting on the matter; and (c) Unless the matter is on the consent calendar, leave the Council Chambers during the debate and voting on the issue. The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum.
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Failure to vote that is not compel led by a legal disqualification shall constitute an affirmative vote. A C ouncilmember who fails to vote shall nonetheless be counted towards making up a quorum.
5. Abstaining from Vote for Reason s Other than an Identified Legal Disqualification:
A Councilmember who abstains determines not to vote “yes” or “no”. A vote to “abstain” except for an iden tified legal disqualificati on shall be counted as an affirmative vote. A Councilmember shall state a reason for abstaining prior to doing so; failure to do so will constitute the sa me action as silence or failure to vote. A Councilmember who abstains from voting fo r other than an identified legal disqualification shall nonetheless be counted toward making up a quorum.
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6. Abstention: Conflict of Interest:
Councilmembers shall disqualify themselves and abstain from voting if they have a financial conflict of interest or any other disqualification prescribed by law in a matter before the City Council. In such event, they may not particip ate in the discussion or the vote. Councilmembers shall state the specific reason for such disqualification. Unless the matter is on the consent calendar, the ab staining Councilmember shall leave the Council dias until the conclusi on of the agenda item . The matter will then proceed as though the member is not present, and the member shall not be counted toward making up a quorum.
7. Tie Votes:
When one Councilmember is absent and a matter under discussion remains unresolved as the result of a tie vote on all motions made on such matter, the matter shall be automatically continued to the next Council meeting when it is reasonably known that all C ouncilmembers will be present, provided that this rule shall not apply to matters involving the appellate jurisdiction of the City Council. The Council exercises “ap pellate jurisdiction” when it considers matters in which a subordinate body such as the Planning Commission c ould, but for an appeal to the City Council, confer final approval.
7. Enforcement:
Any Councilmember may move the Mayor to enforce the rules and a majority vote of the City Council shall require the Mayor to so act.
88. Appeal From the Mayor’s Decision:
When the rules are silent, the Mayor shall d ecide all questions of order, subject to appeal by any Councilmember. When in doubt, the Mayor may submit the question to the City Council. Any d ecision or ruling of the Ma yor may be appealed by request of any Councilmemb er. The Mayor shall immedi ately call for a vote to determine if the Mayor’s ruling shall stand.
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CHAPTER VI
BOARDS, COMMISSIONS and COMMITTEES
CITY REPRESENTATIVES and STANDING COMMITTEE
A. Boards, Commissions and Committees – Ci ty Representatives – Standing Committee:
1. Definitions:
a. Boards, Commission and Committees:
The City Council shall es tablish by ordinance all boards and commissions which shall advise the City Council and perform such other functions and duties as prescribed by the City Council. Unless otherwise directed, ad hoc committees shall be established by resolutions.
b. City Representatives:
Councilmembers and citizens may be appointed to serve on County, regional or multi-purpose agencies, committees and commissions to represent the City.
c. Standing Committee:
The only standing committee of the City Council may be the Committee of the Whole. The Mayor, or the Vice Ma yor (in the Mayor’s absence) shall be the Mayor of the Committee of the Whole. The Rules of Proceedings will be the same as the rules for the City Council.
2. Application and Appointment Process:
The members shall be appoi nted by the Mayor with the approval of the City Council, in accordance with the following procedure:
a. Vacancy, Announcement, Interview and Applicant Pool:
The City Clerk shall maintain records of membership status of boards, commissions and committees. The Cler k shall notify the Mayor of each vacancy.
When a vacancy occurs, the Mayor shall announce the vacancy at a Council meeting and invite the public to appl y for the position or positions. When the Mayor determines that sufficient applications have been received, the Mayor shall announce, at a Council meeting:
The final date for receipt of applications,
The date of the Council meeting at which the City Council will receive all of the applications and make its decision whether to interview Chapter VI - Boards, Commissions and Committees (Continued) City Representatives and Standing Committee
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applicants, and
The date of the Council meeting for making the appointment if no interviews are held.
The final date for receiving applicati ons shall be at least one week following the Mayor’s announcement.
At the meeting scheduled for the Council to consider interviews, the Clerk shall provide a copy of all applications received to the C ity Council. If, at that meeting, Council decides to hold interviews, it shall then determine the interview process, including which applicants will be interviewed and schedule the interviews. After the interview process is complete, the Mayor shall schedule the meeting for making the appointment.
b. Application Required:
No person shall be appointed to a board, commission or committee without filing a written application for appoin tment with the City Clerk prior to 5:00 p.m. on the date of the deadline for receipt of applications.
c. Scheduling of Appointment:
The City Clerk will schedule, on the regular City Council meeting agenda, as designated by the Mayor, a notice of the Mayor’s intention to make an appointment to a board, commission or committee.
d. Publishing Names of Appointees:
The name of the intended appointee shall be included on the agenda for the meeting at which the appointment will be made.
e. All Applications Provided to All Councilmembers:
The City Clerk shall include in the City Council’s agenda packet for the Council meeting at which the Mayor’s appointment is scheduled, all current applications filed for appointment to the board, commission or committee designated in the Council Referral section of the Agenda. In the event there are multiple vacancies on the same board, commission or committee the Mayor shall schedule the appointment and name the appointees of all vacant positions of any one board on the same Council meeting.
f. Nomination and Approval of Mayor’s Appointment:
The Mayor shall place in nomination the name of the person intended to be appointed from among the persons in the final applicant pool. No second to the nomination shall be made, but de bate is allowed. The Council may, by a majority vote, open the discussion to include any or all applicants in the applicant pool. It is out of order for any Councilmember to place in nomination any other person other than the person placed in nomination by the Mayor. Upon approval of the no mination by the C ity Council, the Mayor’s appointment is confirmed and approved. Prior to the vote by the Chapter VI - Boards, Commissions and Committees (Continued) City Representatives and Standing Committee
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City Council, the Mayor may, without debate or vote, withdraw the nomination and or continue the matter to a further Council meeting.
g. Procedure in Event Mayor’s Nomination Not Approved:
If the Mayor’s intended appointment is not approved, the Mayor shall at the same or subsequent meeting place in nomination another person’s name from the pool. The process continues until an appointment by the Mayor is approved, in accordance with the procedure set forth in this document.
h. Councilmember Prohibition:
Unless the legislation adopted by the City Council for a particular board, commission or committee expr essly provides otherwise, no Councilmember shall be el igible for appointment as a member of, or representative or liaison to a City board, commission or committee.
i. Applications: Current List:
A current list of applicants is established each year. Applications may be submitted to the City Clerk at any time between January 1 and December 31. These applications may be considered for various vacancies throughout the year; however, on December 31, any remaining applications of these persons not appointed will be void. In order to be considered in the following year, new applications will need to be submitted starting January 1.
B. Appointment to Outside Agencies
1. Citizen Appointments:
Any appointment of any person, except a Councilmember, as a member of a County, regional, multi-pur pose agency, or other out side agency shall be accomplished in the same manner as appoi ntments to boards, commissions and committees. Any appointment of any person, except a Councilmember, as a representative or liaison of the City to any board, commission or committee, shall be in the same manner as appointments to boards, commissions and committees.
2. Councilmember Appointment:
The Mayor shall, instead of nomina ting, announce the appointment of the designated Councilmember as a member of a County, regional, multi-public agency, or other outside agency, at the time the matter is considered at the City Council meeting. If no motion is made by a Councilmember, immediately following the Mayor’s announcement, to submit the Mayor’s intended appointment to formal vote of the City Council, the Mayor’s announced appointment is deemed approved.
Chapter VI - Boards, Commissions and Committees (Continued) City Representatives and Standing Committee
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C. Removal of Member of B oard or Commission or Committee or City Representative.
Any member of a board, commission or committee and any City representative or liaison to a outside agency, may be removed by a vote of not less than four (4) Councilmembers, initiated by either the Mayor or a Counc ilmember. Any proposed removal shall be scheduled as a Council Referral on the agenda of a regular Council meeting, with the name of the person proposed to be removed printed on the agenda.
D. Waiver of Requirements:
In the event compliance with any of the above requirements would seriously interfere with or interrupt the important business of the City, the City Council may, with the approval of five Councilmembers, waive one or more of said requirements.
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APPENDIX A
PROCEDURAL RULES
A. Rules of Order:
The following rules shall be used as a guide to the conduct of the meetings of the City Council.
The failure of the City council to conform to said rules shall not, in any instance, be deemed to invalidate the action taken. It shoul d be noted here the identities of some of the motions listed in these Rules differ from the same or equivalent rules identified in Robert's Rules of Order. In the event that these rules are not sufficient to guide the Council's determination of any matter, the most recent edition of Robert's Rules of Order shall control.
B. Processing of Motions:
The Mayor shall state the motion. When a motion is made and seconded, it shall be restated by the Mayor before discussion or de bate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. The Mayor shall restate the motion prior to voting.
C. Precedence of Motions:
When a motion is before the City Council, no other motion shall be entertained except to:
(1) Fix the time to adjourn to
(2) Adjourn
(3) Take a recess
(4) Raise a question of privilege
(5) Raise a Point of Order (or call for agenda adherence) (6) Table
(7) Close discussion (or close debate or call the previous question) (8) Limit or extend li mits of discussion
(9) Postpone to a time certain (o r continue to a time certain) (10) Refer to staff, board, commission, committee or officer (11) Substitute the motion
(12) Amend the motion
(13) Postpone indefinitely
(14) Motion to reconsider
(15) Motion to reschedule
D. Purpose of
Motions When Used:
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(1) Motion to Fix Time to Adjourn To: A motion to fix the time to which to adjourn requires a second, is amendable and is deba table only as to the time (and date) to which the meeting is to be adjourned, and at which time (and date) any unfinished business will be considered. The purpose of the motion to fix the time (and date) to which to adjourn, is to set a time for duration and termination (adjournment) of the meeting, taking into consideration the completion of any unfinished business which may remain at adjournment. The time a nd date to which unfinished business will be considered may or may not be the next regular meeting.
(2) Motion to Adjourn: A motion to adjourn requires a second and is not debatable except to set the date and time to which the meeting is adjourned to consider the unfinished business. The purpose of a motion to adjourn is to terminate the meeting forthwith, notwithstanding that the business on the agenda has not been completed, and notwithstanding a time fixed for adjournment has not yet arrived. A motion to adjourn shall be in order at any time, ex cept as follows: (i) when repeated without intervening business or discussion; (ii) when made as an interruption of a Councilmember while speaking; (iii) when a motion to close discussion has been made; and (iv) while a vote is being taken.
(3) Motion to Take a Recess: A motion to take a re cess requires a second, is amendable, but is not debatable. The purpose of a motion to take a recess is to interrupt the meeting. The custom and practice of the City Council is that the Mayor will sense the need for and consensus for short recesses and declare such without formal motion; a formal motion is intended to be used when there is not an apparent consensus.
(4) Motion to Raise a Question of Personal Privilege: The right of a Councilmember to address the City Council on a question of personal privilege shall be limited to cases in which the Councilmember's integrity, character, or motives are questioned, or to when the welfare of the City Counc il is concerned; the maker of the motion may interrupt another speaker if the Mayor recognizes the “privilege.” The motion does not require a second, is not amendable, and is not debatable.
(5) Motion to Raise a Point of Or der (Call for Agenda Adherence): A motion to raise a point of order or call for agenda adherence does not require a second, is not amendable, and is not debatable. The purpose of the motion is to question whether a matter being discussed is adhering to the agenda item being considered. The custom and practice of the City Council is that the Mayor will sense the consensus of the City Council to take agenda items out of order, in order to expedite the efficient conduct of the meeting. A formal motion to change the agenda order of business or a formal motion to call for Council agenda adherence is intended to be used when there is no apparent consensus.
(6) Motion to Table: The purpose of the motion is to terminate further consideration of the subject being discussed, without qua lification. The effect of the motion, if approved, is to not only end discussion on any other motion being considered, but to preclude any other motion being made . A motion to table requires a second, is
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not amendable, and is not de batable. If the intent of the motion is actually to interrupt business for more urgent business, a motion to postpone or continue to a time certain at the same or another meeting shall be us ed instead of a motion to table. If the intent is to postpone indefinitely, a motion to postpone indefinitely shall be used in place of a motion to table. If the intent of the motion is to actually qualify termination of any further consideration, a motion to postpone or continue, or some other main potion should be used instead of a motion to table. No motion to “take from the table” shall be recognized, either at the same or subsequent meeting. The foregoing shall not preclude any Councilmember fro m placing the subject on an agenda for a later City Council meeting, under Council Referrals.
(7) Motion to Close Discussion or Debate: A motion to close discussion requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If the motion to close discussion fails, discussion is reopened; if the motion passes, then the Mayor shall call for the vote on the pending motion. The purpose of the motion is to close discussion on pending motions without qua lification. The custom and practice of the City Council permits th e Mayor to terminate discussion upon sensing the consensus of City Council to do so w ithout a formal motion. The custom and practice of the City Council also permits the Mayor, reflecting the consensus of the City Council, to consider a motion to close discussion, to state such consensus and declare that the vote will be on the pending motion.
(8) Motion to limit or Extend Discussion or Debate: A motion to limit or extend discussion or debate requires a second, is amendable and is not debatable. The purpose of the motion is to limit the time individual members of the City Council may speak on the subject or motion being considered, or to extend the time limit previously fixed.
(9) Motion to Postpone to Time Certain or Continue to a Certain Time: A motion to postpone to a time certain or continue to a certain time is amendable, and is debatable as to the propriety of postponement and as to time set in the motion. The purpose of the motion is to postpone th e subject under discussion to another, specified time and date, if the continuance is to another date and meeting.
(10) Motion to Refer to Staff Advisory Body or Officer: A motion to refer requires a second, is amendable, and is debatable onl y as to the propriety of referring. The substance of the subject being referred shall not be discussed at the time the motion to refer is made. The purpose of the motion is to send the subject to the City Manager, advisory body or other City officer for further study and report back to City Council, at which time the subject will be fully discussed.
(11) Motion to Substitute Motion: A motion to substi tute the motion under consideration with anothe r motion requires a second, is not amendable, and is debatable. A motion to substitute must be germane to the subject and compatible with the underlying purpose of the motion under consideration; and if passed, the substitute motion will, by its own action, eliminate the necessity to vote on the
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motion being substituted. If the substitute motion fails to pass, debate will resume on the motion previously being considered.
(12) Motion to Amend Motion: A motion to amend a mo tion requires a second, is amendable, and is debatable only when the motion to which it applies is debatable.
A motion to amend an amendment is in or der, but one to amend an amendment to an amendment is not. An amendment modi fying a motion is in order, but an amendment raising an independent question or one that is not germane to the main motion shall not be in order. Amendmen ts take precedence over the main motion and the motion to postpone indefinitely. Amendments to amendments are voted on first, then the amendment, then the main motion as amended.
(13) Motion to Postpone Indefinitely: A motion to postpone i ndefinitely requires a second, is not amendable, and is debatable. If the motion is a dopted, the principal question shall be declared lost. The purpose of the motion to postpone indefinitely is to avoid a direct vote on the main mo tion or on any other motion on the subject under discussion. Its correct use is when the intent is to specify qualifications or conditions upon which the City Council would again consider the subject. It should not be confused with the motion to ta ble, which is a means of terminating consideration of a subject without qualification.
(14) Motion to Reconsider: A motion to reconsider any action taken by City Council may be made only immediat ely following the final actio n on the agenda subject under discussion and prior to the City Council taking up another agenda subject for consideration. A motion to reconsider requi res a second, is debatable, and is not amendable. Such motion must be ma de by a Councilmember who voted on the prevailing side of the final action, but may be seconded by any Councilmember. A motion to reconsider shall have precedence over all other motions. The purpose of a motion to reconsider is to bring back the matter for consideration. If a motion to reconsider fails, it may not itself be r econsidered. Reconsideration may not be moved more than once on the same motion.
(15) Motion to Reschedule: Notwithstanding paragraph (14), a Councilmember who voted on the prevailing side of a motion which disposed of an agenda item, may at any time during the next meeting following the action taken, make a motion to reschedule the subject for further consider ation at a future m eeting; provided the Mayor may postpone the motion until the conclusion of whatever other agenda item is under discussion. The motion to reschedul e requires a second, is not debatable, and is not amendable. The maker of the motion may make a very brief statement of reason for the motion. If the motion passes, the Mayor shall determine by consensus or vote, the meeting date at which the subject shall be rescheduled, which shall take into consideration whatever publicati on of notice and any special notice to interested parties that may be required. If a Councilmember, whether or not voting on the prevailing side, wants the City Council to “reconsider” a subject upon which final action has been taken by the C ity Council, and the Councilmember is precluded from making a motion to r econsider or reschedule pursuant to paragraph (14) and the foregoing provisions of paragraph (15) the Councilmember
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may seek such “reconsideration” by scheduling the subject as a “Council Referral” on a subsequent agenda.
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APPENDIX A
COUNCIL TRAVEL BUDGET AND EXPENSE REIMBURSEMENT
POLICY
CITY OF FREMONT
COUNCIL TRAVEL BUDGET
AND EXPENSE REIMBURSEMENT POLICY
On April 8, 1997, the City Council adopted its Council Travel Budget and Expense Reimbursement policy, which it amended on February 28, 2006, to incorporate the provisions of California AB 1234. The following merges the amendments into the originally adopted policy statement.
Section 1:
It is the policy of the City Council of the City of Fremont that Councilmembers and the Mayor be reimbursed for actual and necessary expenses in curred in the performan ce of official duties, subject to budget, applicable laws, standards and procedures established by Council.
Section 2:
Reimbursable expenses are limited to those wh ich would be deductible business expenses under IRS regulations and are incurred in complian ce with IRS “accountable” plan requirements.
Expenses will further comply with the City’s Administrative Regulation 3.2 (Authorized Business Travel), where applicable. An expense will not be reimbursable if it is paid for or reimbursed by another entity or person. Subject to the foregoing, actual and necessary expenses will be reimbursed to the Mayor or any C ouncilmember if they arise from or are incurred in connection with the following type of occurrence:
A. Communicating with represen tatives of regional, state an d national governm ent on City adopted policy positions;
B. Attending educational seminars or seminars designed to improve officials’ skill and/or information levels;
C. Participating in regional, state and national organizations whose activities affect the City’s interests;
D. Attending City events an d City sponsored functions;
E. Implementing a City approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member;
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F. Where expenses are incurred after being appr oved by the City Council in advance of their incurrence;
G. Where expenses that are otherwise reasonabl e under this policy if pre-approved by the City Council are incurred unexpectedly and under emergent circumstan ces while on City business, and where the required City Council pre-approval cannot be obtained because of the circumstances.
Section 3:
All claims for reimbursement sh all be submitted to the Financ ial Services Office on forms provided by the City, signed and ce rtifying that expenses were in curred in connection with an occurrence of the type specified in Section 2 of this Policy. All expense claim forms shall be completed to show the general na ture of the expenses incurred, such as travel, meals, telephone; the time and place incurred; names of guest in attendance; the relationship of all expenses to City business; and compliance with the expense reimbursement policies contained in this Policy. Only expense claims providing full disclosure and showing compliance with this policy and supported by receipts or sufficient other documentation will be reimbursed.
Section 4:
As part of the adoption of the annual operatin g budget each fiscal year, the City Council will allocate an individual appropr iation amount for Council travel and expense reimbursement for each Councilmember and the Mayor. Such alloca tion may not be exceeded without approval of the City Council. To the extent an individual annual budget allocation is exceeded without Council approval, such excess will be the responsibility of the Councilmember or Mayor.
Section 5:
A separate amount will be budgeted each fiscal year for nondiscretionary expenses incurred by the Council for group activities to which all Councilmembers and the Mayor are invited, such as, but not limited to Council/Commission meetings, C ouncil/staff meetings, a nd Council hosting City guests. The Council may allocate an additional am ount each fiscal year to be used for Council- approved participation in unusual or non-recurring activities.
Section 6:
Quarterly itemized reports of expenses incurr ed by Councilmembers a nd the Mayor will be prepared by the Financial Services Director and provided to the City Council by the City Manager.
This report is in addition to any other periodic budget reports the Council may receive.
Section 7:
A City credit card may be issu ed to a Councilmember or the Mayor upon request. No personal charges, including but not limited to charges for alcoholic beverages, personal telephone calls from hotel rooms while on business trips, and nonbusiness side trips, may be made on a City credit card, except that, in order to facili tate express check-out, telephone access charges and charges for similar services may be made on a City credit card and then offset against the per diem allowance.
Documentation for the per diem allowance and the related deduction fo r any amounts claimed through use of a City credit card and meals included in any conference regi stration fees must be submitted with all other receipts at the completion of the travel. All receipts for charges on a City credit card, including the documentation requirements specified in Section 3, shall be submitted to
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the Financial Services Office within five days of incurrence of the char ge or completion of the travel, whichever is later.
Section 8:
All travel arrangements, except usage of a personal vehicle, shall be made by the City Manager’s office at the most economical fare available cons istent with the available travel time of the individual making the trip. Government and group rates must be used for lodging and transportation when available. Unless otherwis e specified, expenses meeting the rate limitations imposed by Section 2 of this policy are considered reasonable.
If the travel includes a nonbusiness side trip, the City Manager’s office will make the travel arrangements so that the business po rtion of the cost can be identifi ed. In this situation, the cost of the travel will be paid for by the individual and a City credit card may not be used to pay for the travel arrangements unless the total cost of the n onbusiness side trip is less than the total cost of the business portion of the trip, in which case any extra costs resulting from the inclusion of the nonbusiness side trip will be the res ponsibility of, and will be paid for by, the individual. If the trip is wholly paid for by the individual making a nonbusiness side trip, then an expense claim for reimbursement of the expenses related to City business must be submitted at the completion of the trip for the individual to be reimbursed. Notwithstanding the foregoing, a City credit card may be used to pay for the trip if the individual pays the City for the nonbusiness side trip expenses in advance of the arrangements being made by the City Manager’s office.
Unless the City Council approves the expense in advance, no expense w ill be reimbursed that exceeds the following rates:
A. Air Fare: Allowable air travel costs shall be calculated by using the shortest and most direct route with the least number of en-route stops. All air travel shall be booked as far in advance as possible, so as to receive the lowest fares possible except where the lowest fare is for an overnight flight, which may be chosen by the individual, but is not required.
B. Personal Vehicle Use: The federal mileage rate for business use of a taxpayer’s private vehicle, as published by the Internal Revenue Service of the United States of America, will be multiplied by the number of miles travel ed in an individual’ s personal vehicle to determine the maximum expense reimbursement allowed.
C. Use of City Vehicle: When City vehicles are available their usage is encouraged, but not required. Expenses for gasoline and emerge ncy repairs which are reasonable under the circumstances and in the locality where the vehicle is operated will be reimbursed.
D. Lodging: If lodging expens e is incurred in connection w ith a conference or organized educational activity specified in Government Code Secti on 53232.2(d), then the lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available when booking the reservation.
If the group rate is not then available, then lodging expenses that are comparable and that are otherwise consistent with the expense reimbursement policy and do not exceed $300.00 per night shall be deemed reasonable and shall be subject to reimbursement. Lodging costs not incurred in connection with a conference or educational activity that are otherwise
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consistent with this expens e reimbursement poli cy and less than $300.00 per night are considered reasonable and shall be subject to reimbursement.
E. Meals: The Mayor and each Councilmember will be entitled to reimbursement for meals and associated gratuities in an amount equivalent to the per diem rate for City employees; however, they are required to submit s upporting documentation as required by Section 3 of this Policy. Where meal costs prevailing in the locality to which the individual has traveled exceed the City’s per diem rate, actual meal and associated gratuity costs will be reimbursed if not lavish or extravagant. Alcohol and bar expenses will not be reimbursed without prior City C ouncil approval. Where a confer ence or other organized activity includes a meal or meals as part of the cost s of the activity no separate meals will be reimbursed without prior City Council approval.
F. Other Expenses: Actual and reasonable in cidental costs incurred for travel away from home, considering all the circumstances, will be reimbursed for: Telecommunication and fax charges, telephone expenses, laundry and/or dry cleaning charges, parking, shuttle, and taxi, and other miscellaneous necessary expenses.
Section 9:
A report on the accomplishments of any business trip shall be made at the next regularly scheduled City Council meeting after the individual’s return from the trip.
ADOPTED April 8, 1997, by the City Council of the City of Fremont, as Resolution 9129, and subsequently amended February 28, 2006, by Resolution 2006-12.
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Appendix B
I. Overview and Purpose:
In October 2011, the City implemented a paperl ess Council Agenda Process. As part of the paperless agenda process, Councilmembers received electronic tablets to facilitate the delivery of the paperless agenda packet. It should be noted that Councilmembers also have the option to purchase the electronic tablet in the event that the use may exceed incidental private use, and may also receive a monthly stipend for the dataplan.
Uses that fall outside of incidental private use include:
o Private, commercial or business related activities
o All campaign activity, including political endorsements
The purpose of Appendix C is to also incl ude Administrative Re gulation 1.14 – Use of Electronic Communications and the Internet as well as provide the below added policy related to the Use of Electronic Devices during Council Meetings.
II. Use of E-Communication and Electronic Tablets during Council and Closed Session Meetings:
City Council members shall not use electronic devices at any time during a meeting of the City Council or at Closed Session at which he or she is in attendance, with the exception of the use of electronic tablets during such meetings, these can be used for accessing City Council Agendas and Reports (a nd relative subject matter notes using City-sponsored software). Electronic tablets may not be used for e-mail or other e-communication during Council or Closed Session meetings.
The foregoing limitation shall not apply to receipt of telephone calls or text messages from family members in the event of an urgent family matter. The Council member wishing to respond to such a message during the meeting sh all do so during a recess or shall excuse him or herself from the meeting to place the re turn call or text in a manner that does not disrupt the meeting.
PAPERLESS COUNCIL AGENDA PROCESS
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Appendix C
I. OVERVIEW AND PURPOSE:
The Mayor and City Council are always pleased to learn about the accomplishments, contributions, and milestones of Fremont residents and community organizations / businesses. From time to time, the Mayor will recognize extraordinary Fremont residents and community members through letters, certificates, proclamations, and adjournments.
Instructions for requesting these forms of recognition are on the City webpage www.fremont.gov/recognition.
The City receives many requests for ceremonial items from various entities and residents.
All requests should be made by community members in the City of Fremont, organizations or businesses physically located in Fremont, or organizations whose primary mission is to provide some service to Fremont residents. The Office of the Mayor reserves the right to decline or modify requests and make exceptions to any of the following guidelines.
These types of requests are awarded at the discretion of the Mayor. Requests should be received no later than two weeks before the requested/required date to provide staff with adequate time to approve and prepare the ceremonial document. Once a request is received, it will be forwarded to the Mayor and City Staff. Mayor will approve or respond with a reason for denial. City Staff will process the approved documents, and schedule for a future City Council Meeting, or send to the requestor.
II. TYPES OF REQUESTS AND CRITERIA:
The following is a brief explanation of the various types of requests and criteria:
A. Proclamations for Exemplary Service
Purpose: Awarded for exemplary service to the City of Fremont.
Awarded to: Local resident; organization; business; dignitaries; Committee/Commission/Board members; individuals or groups who have made significant contributions to the community; City staff (20+years of service or retiring/leaving with at least 5 years of service); retiring public servants; non-profit corporations; sports teams or individuals who have won state, regional or national titles; acts of heroism as defined by police, fire, etc.; persons who deserve a commendation for their community contribution; significant anniversary or birthday; member of U.S. Armed Forces who has provided special service; to name a few examples.
REQUESTS FOR CEREMONIAL RECOGNITION
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B. Proclamations Honoring Events or Activities
Purpose: Generally, proclaims certain periods of time (days, weeks, or months) in honor of an event or activity. Civic celebrations; organizations contributing to the economic development of the City; issues with widespread community interest with a primary emphasis on requests in support of City Council’s goals and objectives; significant community based events; significant anniversaries of City of Fremont based institutions, corporations, community partners, and non-profit organizations; fundraisers benefiting the citizens of Fremont (e.g., American Red Cross Month, Bike to Work/School Day, Arbor/Earth Day, Ducks for Buck$).
C. Certificates of Recognition or Appreciation
Purpose: To express recognition or appreciation for exemplary service rendered to the City of Fremont when a proclamation is not appropriate due to number of persons or the fact that some individuals have already received commendations (e.g., FUSD retiring teachers, Elks Lodge, Fire, Police, and Honorees).
Awarded to: Individuals or groups.
D. Special Presentation at City Council Meeting
Purpose: To receive any type of the above types of recognitions during a City Council meeting, or to present the City with an award (e.g. recognition).