RESOLUTION NO. 2022-XXX
A RESOLUTION OF T HE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, ESTABLISHING RULES OF PROCEDURE
AND DECORUM FOR BOARD, COMMISSION AND COMMITTEE
MEETINGS AND REPEALING RESOLUTION NO. 2021-03
California Law authorizes the Cit y Council of the City of Fullerton to adopt, abolish, suspend, modify and/or waive procedural rules for the conduct of board, commission and committee meetings.
In adopting these rules, the City Council understands that legislative bodies must first abide by the general laws of the State of California concerning rules of procedure for legislative bodies.
ROBERTS RULES ADOPTED AS A NON-BINDING GUIDE. Boards, commissions and committees will adopt the current edition of “Robert’s Rules of Order, Newly Revised” as a non -binding guide to conduct their meetings, to the degree that such rules do not conflict with State or local laws.
For purposes of this resolution the term “Presiding Officer” refers to the legislative body member presiding over th e legislative body meeting. In most instances the Chair will serve as the Presiding Officer . The Vice-Chair will serve as the Presiding Officer in the Chair’s absence.
NOW, THEREFORE, TH E CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
The Fullerton City Council adopts the following Rules of Procedure for its appointed boards, commissions and committees:
1. GENERAL LAWS. Boards, commissions and committees shall comply with all general laws of the State of California and all local laws whic h establish rules of procedure for legislative bodies.
2. PARLIAMENTARY PROCEDURE. ROBERTS RULES ADOPTED AS A NON - BINDING GUIDE. Boards, commissions and committees will adopt the current edition of “Robert’s Rules of Order, Newly Revised” as a non -binding guide to conduct their meetings, to the degree that such rules do not conflict with State or local laws.
3. PRESIDING OFFICE R. For purposes of this resolution the term “Presiding Officer” refers to the legislative body member presiding over th e legislative body meeting. In most instances the Chair will serve as the Presiding Officer . The Vice-Chair will serve as the Presiding Officer in the Chair’s absence.
2.4. DECORUM. All persons shall observe civility, decorum and good behavior. City Council Legislative bodies encourages citizen participation and expression of all Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: -0.25" + Indent at: 0"
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points of v iew at all legislative body meetings . Unruly or disruptive conduct may result in removal from the meeting or meeting stoppage.
Legislative body m embers shall observe civility, decoru m and good behavior , attend ethics training as required by A ssembly Bill 1234 (2005) and a ttend harassment-prevention t raining as required by City of Fullerton Resolution No. 2015-36.
35. SIGNS. City CouncilThe City of Fullerton recognizes the right of f ree expression.
To preserve decorum and not infringe upon the public’s ability to view the legislative body proceedings, audience members may hold signs in the back row of the Council Chamber provided the sign does not impede viewing or broadcasting of the meeting and does not otherwise violate meeting rules of procedure.
64. PHOTOGRAPHY / FILMING / AUDIO RECORDING . Media outlets planning to attend a legislative body meeting should contact the City’s Public Information Coordinator, or designee, in advance of the meeting to ensure accommodations for broadcast and tripod cameras. The Fire Marshal , or designee, will ensure members of the media film i n locations in compliance with safety regulations.
Complete or partial blocking of exit aisles is prohibited.
The public may photograph, film and/or audio record proceedings of legislative bodies provided that the recording device operator remains in the public areas of the meeting room, keeps aisles clear (for fire safety) a nd does not interrupt other members of the public in attendance or impede staff or legislative body mem bers from conducting the meeting.
57. REGULAR MEETINGS . The legislative body shall hold regular meetings within the city limits only at the time , place and location indicated by City Council resolution or other legislative action.
86. SPECIAL MEETINGS. Per the California Brown Act, the Chair or a majority of the legislative body may call and give notice of special meeting with at least 24 hours ’ notice.
97. OPEN MEETINGS . All members of the public may attend all legislative body meetings except for Closed Sessions.
108. QUORUM. Each legislative body shall determine the number of its members necessary to be present to establish a quorum. A quorum shall equal 50% + 1 of the membership of the legislative body. For example, a quorum for a five-member body is three members. A quorum for a nine-member body is five members.
119. AGENDA. Secretary shall prepare an agenda for each legislative body meeting.
Staff will place items on the a genda as needed or by City Council direction.
Legislative bodies may add items to future agendas by majority vote, provided the item falls within the purview of the legislative bo dy. City Council must approve the Resolution No. 2022-XXX
use of resources for any item requiring expenditures beyond those allocated in the current budget. Committee members may make a request during the meeting to add items to the agenda. Staff will add requested items that fall within the purview of the committee legislative body to a future agenda as available resources permit.
The order of items on the agenda shall be:
Call to Order
Roll Call
Pledge of Allegiance
Public Comments
Committee Member / Staff Communications and Reports
Consent Calendar
Public Hearings
Regular Business
Items Pulled from the Consent Calendar
Agenda Forecast
Adjournment
102. EMERGENCY AGENDA MATTERS . Except as otherwise provided herein, the legislative body shall take no action on any matter not listed on the posted agenda.
However, the legislative body may take action on an item not appearing on the agenda if either: a) the legislative body determines by majority vote that the item is a statutorily defined “emer gency” or b) the legislative body determines by a two - thirds vote that the need exists for immediate action on an item and the item only came to the attentio n of the members after posting of the agenda and cannot wait until the next regular meeting.
13. AGENDA PACKET. Staff will prepare a staff report for individual agenda items when necessary and make all material in the agenda packet available to public at the same time the legislative body receives the agenda packet by po sting the materials online and m aking materials available to the public at City Hall (or Library, in t he case of the Library Board of T rustees) during regular business hours.
141. PROVIDINGCOMMUNICATIONS / MATERIALS TO THE COMMITTEE LEGISLATIVE BODY DURING THE MEETINGFROM THE PUBLIC. Members of the public may submit materials and/or communications for d istribution to Committee Members legislative body members by emailing the legislative body secretary in advance of the meeting or by submitting sufficient copies of the materials for all committee members plus two additional copies to the Secretary before the start or at the beginning of the meeting. All materials submitted to the Committee legislative body become part of the meeting record. The public may Formatted: Space After: 6 pt
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Resolution No. 2022-XXX
not utilize Council Chambers audio-visual equipment during the meeting.
15. SUPPLEMENTAL COMMUNICATIONS. Staff will post online all materials and communications provided to a majority of the legislative body regarding items on the ag enda after posting of the agenda through considerat ion of the item at the same time staff provides those materials to the legislative b ody members. Staff will post items received after Noon on the meeting day as soon as possible b ut no later than the next business day following the meeting.
16. PUBLIC COMMENT. Members of the public will have no more than three minutes each to make public comments on non -agendized it ems and consent calen dar items during the public comment section of the agenda. Members of the public will have no more than three minu tes each to comment o n each individual business item (public hearing and regular business items).
127. LEGISLATIVE BODY MEMBER / STAFF COMMUNICATIONS AND REPORTS .
Staff and members may provide brief reports, queries and update s within the purview of the legi slative body that require no action and fall within constraints of the California B rown Act during this section of the agenda. Legislative body members shall have up to five minutes each to make reports. Staff should agenize any items requiring a presentation and/or significant discussion as a business item.
18. PRESENTATIONS. Staff will make presentation s to the le gislative b ody for agendized items. Staff may invite a consultant to assist with presentations when warranted.
19. AUDIO-VISUAL EQUI PMENT. Only staff or consultants making presentations may utilize the Council Chamber audio-visual equipment.
20. CONSENT CALENDAR. The agenda may have routine matters grouped together for action , listed under the heading of “Consent Calendar .” The agenda wi ll contain a concise recommendation for each of these items in summary form. The legislative body may take action on all Consent C alendar items on the agenda by one motion, provided, that the Presiding Officer shall first advise the audience that the legislative body will act upon Consent Calendar items by one motion unless any member, individual or or ganization requests unless a me mber of the legislative bodyto pulls one or more items from the Consent Calenda r for further discussion and/or clarification. In that event, the Presiding Officer will ask the legislative body to move vote on the remainder of the Consent Calendar and then take up individually consider each ite m pulled from the Consent Calendar for individual consideration.
213. PUBLIC HEARINGS. In the event the City Attorney or staff requests continuation of a noticed public hearing item, the Committee legislative body will continue the item to a date certain, regularly scheduled meeting.
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2214. MOTIONS. The legislative body uses motions to conduct its general business unless the law specifically requires a ction by resolution or a good reason exists for formalizing the action by resolution.
2315. PROCESSING OF MOTIONS . When a member makes a motion, another member must second the m otion to pr oceed and the Presiding Officer may so state. Once the Presiding Officer has stated the motion, the maker of the motion may not modify or withdraw the motion without consent of the legislative body .
The legislative body may amend the motion with the appr oval of the maker. The maker of a motion has the first right of debate.
A. Motions Out of Sequence: The Presiding Officer may at an y time, by majority consent of the legislative body, permit a member to propose a motion out of the agenda sequence.
B. Division of t he Question: If the question contains two or more complete propositions, each capable of standing alone, the legislative bod y may, by majority vote, divide the question s into separate parts for consideration and vote.
C. Substitute Motions: A substit ute mo tion seeks to replace a paragraph, section, article or the entirety of a main motion with new language and takes precedence over the main motion. The Committee legislative body considers a substitute motion before considering the main motion. Committee Members consider one substitute motion at a time and will dispense with the substitute motion on the floor before making a new substitute motion.
2416. VOTING. On the passage of every motion, the P residing Officer shall call for the vote by voice or roll call. The recording secretary shall enter the results of the vote in the minutes. Any member may change their vote before the next order of business.
A. Voice Vote. The Presiding Officer shall ask, in this order, those in favor to state “Aye”, tho se opp osed to state “Nay” and those abstaining to state “Abstain”. After calling for the vote, the Presiding Office r will state wh ether the motion passes or fails and the tally of the votes in favor, oppos ed and abstaining.
B. Roll Call Voting. The legislative body shall take a roll call vote when required by law or upon demand of any member made before or after a voice vote upon any question. The recording secretary shall take the roll call vote.
C. Failure to Vote. Every member should vote unless disquali fied for cause or by th e decision of the City Attorney. Members should avoid self disqualification which results in a tie vote thwarting action.
Resolution No. 2022-XXX
D. Abstention. A member cannot be compelled to vote. A member may abstain from voting, but in doing so, consen ts that a majority of the quorum may act for them.
E. Tie Vote. A tie vote on any matter under consideration constitutes denial o f the motion except for appeals of a decision of the Presiding Officer (as described in #14) where a tie vote sustains the Presiding Officer’s decision.
1725. RECONSIDERATION. Any member voting with the majority on a matter may move for reconsideration of any action taken on that matter at the same meeting or have the matter en tered into t he minutes for reconsideration at the next succeeding meeting, pr oviding n o legal rights have intervened between said meetings to create estoppel. After the legislative body has acted on a motion for reconsideration of a matter, it may not con sider any other motion for reconsideration thereof without unanimous consent.
1826. APPEAL. Any member may appeal an y decision or ruling of the Presiding Officer. The Presiding Officer shall call for a roll call vote to determine if legislative body desires to sustain the decision. A majority or tie vote shall sustain the Presiding Officer’s decision.
1927. MINUTES. The recording secretary will record the action minutes of th e legislative body meeting and present a final draft of the minutes to the legislative body for approval; the legislative body may then, by motion, make such corrections as conform to fact before approving the draft minutes.
A. The Action minutes should contain a clear and concise statement of legislative body actions, including, all motions and seconds made and the roll call vote thereon. The legislative bod y may choose to direct the recording secretary to include reasons for making a motion, debate and public speaker comments.
B. For all items, including when the legislative body may act in a quasi -judicial proceeding, such as on an assessment or zoning mat ter, the recording secretary shall record in the minutes the names and city of residence (if provided) of person s addressing th e legislative body , the subject matter to which the remarks relate and whet her the person spoke in support or opposition to a matter.
C. The recording secr etary shall retain recordings of meetings in accordance with the City’s Records Retention Schedule.
D Recusals: Members recusing themselves from discussion on a particular agenda item shall p ublicly state the reason for recus al and exit the meeting room. The recording secretary will include the reason for recusal and the Resolution No. 2022-XXX
time the member exited and returned to the meeting room in the minutes.
258 SUBCOMMITTEES, WORK GROUPS AND AD -HOC COMMITTE ES.
Legislative bod ies may not form s ubcommittees, work group s or ad -hoc committees that require expenditure of city resources not allo cated in work plans or approved by City Council.
29. BUSINESS CARDS. City Council voted on J uly 5, 2022 to not allow business cards for legislative body members.
30. CITY SEAL. Fullerton Municipal Code 2.01.020 st ates "It shall be unlawful for any person to make or use th e seal of the City of Fullerton, or reproduction thereof, for any purpose other than for the o fficial business of the City of Fullerton, its Council, officers or departments." Per City of Fullerton Administrative Policy No. 34 only C ity staff m ay request approval from the City Clerk to use the City Seal. Legislative body members may not use or reproduce the City Seal without prior authorization from the City Clerk and requested through their city staff liaison.
ADOPTED BY THE FULLERTON CITY COUNCIL ON FEBRUARY JULY 219, 20221.
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Bruce WhitakerFred Jung
Mayor
ATTEST:
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Lucinda Williams, MMC
City Clerk
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Date