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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______
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Resolution No.
____________
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AMENDING RULES 2 AND 3 OF
THE COUNCIL RULES OF PROCEDURE RELATED TO
ELECTION AND DUTIES OF THE COUNCIL PRESIDENT
AND VICE PRESIDENT
WHEREAS, on May 9, 2013, Council adopted the Rules of Procedure of the City Council in Resolution No. 2013 -65, to establish rules for the conduct of its proceedings; and
WHEREAS, Council has amended the Rules of Procedure from time to time to account for changes in practice or to clarify and conform to existing practice; and WHEREAS, effective January 1, 2026, Council wishes to amend Rule No. 2, Election of Council President and Vice President , to eliminate the provision barring a Council President from serving two consecutive terms; and WHEREAS, effective January 1, 2026, Council wishes to amend Rule No. 2, Election of Council President and Vice President, to eliminate the rotation system for election of Council President; and
WHEREAS, effective January 1, 2026, Council wishes to amend Rule No. 3, Duties of Council President and Vice President , to empower a newly elected Council President to appoint the Council Vice President; and
WHEREAS, effective upon adoption, Council wishes to amend Rule No. 3, Duties of Council President and Vice President, to modify administration of Council office space to clarify that seniority only guarantees the selection of one primary office and one smaller
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adjoining “Chief of Staff” office, and that overflow and additional office space are assigned at the discretion of the Council President; and
WHEREAS, effective upon adoption, Council wishes to amend Rule No. 3, Duties of Council President and Vice President , to clarify that in the event that multiple councilmembers are sworn in on the same day that seniority shall be determined by the time of day, to the hour and minute, a Councilmember first completes their oath of office and is sworn in by the City Clerk; and
WHEREAS, effective upon adoption, Council wishes to amend Rule No. 3, Duties of Council President and Vice President , to allow the Council President to appoint any Councilmember, either verbally or in writing to the City Clerk, to exercise the powers and duties of the Presiding Officer at a Council meeting when the Council President is absent in full or a part of the meeting; and
WHEREAS, the proposed changes are in the interest of the Council’s conduct of business of the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. Effective January 1, 2026, Rule No. 2, Election of Council President and Vice President, shall be revised as follows:
2(a) The officers of the Council shall consist of the President of the Council (Council President) and Vice President. A Councilmember must have served on the Council for at least one year immediately preceding the selection to be eligible to serve as Council P resident.
No Councilmember shall be eligible for two consecutive terms as Council President . Each year at the first meeting in January, the Council shall select a Council President and Vice President on a
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strictly rotational basis [who shall then select a Vice President. Upon acceptance of the appointment, the Vice President shall serve for the entire term of the Council Presidency unless they resign from the role in writing, or their Council seat becomes vacant.]
2(b) The Councilmember who served as Vice President the previous year shall serve as Council President. The Councilmember whose District Number immediately follows that of the Council President, by increasing numerical order, shall serve as Vice President. The Vice President is identified as Acting President in the Charter. [Whenever the office of Council President is vacated, the Council shall select a new Council President per the Council Rules of Procedure.]
2(c) Whenever the office of Council President or Vice President rotates to a Councilmember who is not eligible to hold office or who desires not to serve, the office shall rotate to the next eligible Councilmember by Council District, in increasing numerical order. Any vacancy in office shall also be filled in the same fashion, by rotating the office to the next eligible Councilmember by Council District, in increasing numerical order.
2. Effective immediately upon passage , [subsections a(6) and b(3) of ] Rule No. 3, Duties of Council President and Vice President, shall be amended as follows:
a(6) To administer assignment of Council offices. Each December of an even numbered year Prior to Councilmembers vacating offices and newly elected Councilmembers taking office, or at such other time as a Council office may become vacant [Council President deems appropriate], the assignment of Councilmember offices shall take place as follows: (1) each Councilmember may remain in the then current office, if desired; (2) offices to become vacant shall be assigned on a seniority selection basis, with seniority determined by the greatest length of current continuous service as a
Councilmember; [in the event that multiple councilmembers are sworn in on the same day, seniority shall be determined by the time of day, to the hour and minute, a Councilmember first completes their oath of office and is sworn in by the City Clerk]; in the event of a tie, two or more Councilmembers having been sworn in and taking office on the same day, a coin flip shall decide seniority for this purpose. [Seniority does not allow selection of spaces other than one primary office and one smaller adjoining “ Chief of Staff” office; the Council President has the discretion to assign “overflow” and additional office
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spaces.]
b(3) In the absence of the Council President, the Vice President shall exercise the duties and powers of the Council President [unless the Council President has appointed another Councilmember to serve as the Presiding Officer a meeting. The Council President may appoint a Presiding Officer, either verbally or in writing to the City Clerk, at a Council meeting when the Council President is absent in full or a part of said meeting.]
3. Effective January 1, 2026, Rule No. 3, Duties of Council President and Vice President, shall be amended to add number 8 to subsection (a) as follows:
(a)8 “To appoint the Vice President.”
4. The Council Rules shall be adopted as revised and attached as Exhibits A and B. The procedures are in addition to, and not in place of, applicable ordinances and statutes. In the event of conflict between any part of this resolution and applicable ordinances and statutes, the latter shall govern.
5. This resolution shall be effective upon adoption, except the specified effective dates to the changes to the Rules amended herein shall become effective on the dates specified.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD B. STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2024.
AYES :
NOES :
ABSENT :
ABSTAIN :
TODD B. STERMER, CMC
City Clerk
By:
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Amanda B. Freeman Date
Senior Deputy City Attorney
Attachments: Exhibit A
Exhibit B