RESOLUTION NO. 2022- 069
A RESOLUTION OF THE 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 City 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.
NOW, THEREFORE, THE 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 which establish rules of procedure for legislative bodies.
2. PARLIAMENTARY PROCEDURE. ROBERTS RULES ADOPTED AS A NOW 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 OFFICER. For purposes of this resolution the term " Presiding Officer" refers to the legislative body member presiding over the 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.
4. DECORUM. All persons shall observe civility, decorum and good behavior.
Legislative bodies encourage citizen participation and expression of all points of view at all legislative body meetings. Unruly or disruptive conduct may result in removal from the meeting or meeting stoppage.
Legislative body members shall observe civility, decorum and good behavior, attend ethics training as required by Assembly Bill 1234 ( 2005) and attend harassment - prevention training as required by City of Fullerton Resolution No. 2015- 36.
5. SIGNS. The City of Fullerton recognizes the right of free expression. To preserve Resolution No. 2022- 069
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.
6. 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 in 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) and does not interrupt other members of the public in attendance or impede staff or legislative body members from conducting the meeting.
7. 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.
8. 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.
9. OPEN MEETINGS. All members of the public may attend all legislative body meetings except for Closed Sessions.
10. 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.
11. AGENDA. Secretary shall prepare an agenda for each legislative body meeting.
Staff will place items on the agenda 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 body. City Council must approve the use of resources for any item requiring expenditures beyond those allocated in the current budget. Staff will add requested items that fall within the purview of the 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
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Public Comments
Committee Member / Staff Communications and Reports
Consent Calendar
Public Hearings
Regular Business
Items Pulled from the Consent Calendar
Agenda Forecast
Adjournment
12. 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 " emergency" 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 attention 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 posting the materials online and making materials available to the public at City Hall ( or Library, in the case of the Library Board of Trustees) during regular business hours.
14. COMMUNICATIONS / MATERIALS TO THE LEGISLATIVE BODY FROM THE PUBLIC. Members of the public may submit materials and/ or communications for distribution to legislative body members by emailing the legislative body secretary in advance of the meeting or by submitting sufficient copies of the materials for all members plus two additional copies to the Secretary before the start the meeting.
All materials submitted to the legislative body become part of the meeting record.
15. SUPPLEMENTAL COMMUNICATIONS. Staff will post online all materials and communications provided to a majority of the legislative body regarding items on the agenda after posting of the agenda through consideration of the item at the same time staff provides those materials to the legislative body members. Staff will post items received after Noon on the meeting day as soon as possible but 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 items and consent calendar items during the public comment section of the agenda. Members of the public will have no more than three minutes each to comment on each individual business Resolution No. 2022- 069
item ( public hearing and regular business items).
17. LEGISLATIVE BODY MEMBER / STAFF COMMUNICATIONS AND REPORTS.
Staff and members may provide brief reports, queries and updates within the purview of the legislative body that require no action and fall within constraints of the California Brown 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 presentations to the legislative body for agendized items. Staff may invite a consultant to assist with presentations when warranted.
19. AUDIO- VISUAL EQUIPMENT. 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 will contain a concise recommendation for each of these items in summary form. The legislative body may take action on all Consent Calendar items on the agenda by one motion, unless a member of the legislative body pulls one or more items from the Consent Calendar for further discussion and/ or clarification. In that event, the Presiding Officer will ask the legislative body to vote on the remainder of the Consent Calendar and then individually consider each item pulled from the Consent Calendar
21. PUBLIC HEARINGS. In the event the City Attorney or staff requests continuation of a noticed public hearing item, the legislative body will continue the item to a date certain, regularly scheduled meeting.
22 MOTIONS. The legislative body uses motions to conduct its general business unless the law specifically requires action by resolution or a good reason exists for formalizing the action by resolution.
23. PROCESSING OF MOTIONS. When a member makes a motion, another member must second the motion to proceed 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 approval of the maker. The maker of a motion has the first right of debate.
A. Motions Out of Sequence: The Presiding Officer may at any time, by majority consent of the legislative body, permit a member to propose a motion out of the agenda sequence.
B. Division of the Question: If the question contains two or more complete Resolution No. 2022- 069
propositions, each capable of standing alone, the legislative body may, by majority vote, divide the question into separate parts for consideration and vote.
C. Substitute Motions: A substitute motion 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 legislative body considers a substitute motion before considering the main motion. Members consider one substitute motion at a time and will dispense with the substitute motion on the floor before making a new substitute motion.
24. VOTING. On the passage of every motion, the Presiding 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", those opposed to state " Nay" and those abstaining to state Abstain". After calling for the vote, the Presiding Officer will state whether the motion passes or fails and the tally of the votes in favor, opposed 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 disqualified for cause or by the decision of the City Attorney. Members should avoid self disqualification which results in a tie vote thwarting action.
D. Abstention. A member cannot be compelled to vote. A member may abstain from voting, but in doing so, consents that a majority of the quorum may act for them.
E. Tie Vote. A tie vote on any matter under consideration constitutes denial of the motion except for appeals of a decision of the Presiding Officer where a tie vote sustains the Presiding Officer' s decision.
25. 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 entered into the minutes for reconsideration at the next succeeding meeting, providing no 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 consider any other motion for reconsideration thereof without unanimous consent.
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26. APPEAL. Any member may appeal any 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.
27. MINUTES. The recording secretary will record the action minutes of the 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. 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.
B. For all items, including when the legislative body may act in a quasi-judicial proceeding, such as on an assessment or zoning matter, the recording secretary shall record in the minutes the names and city of residence ( if provided) of persons addressing the legislative body, the subject matter to which the remarks relate and whether the person spoke in support or opposition to a matter.
C. The recording secretary 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 publicly state the reason for recusal and exit the meeting room. The recording secretary will include the reason for recusal and the time the member exited and returned to the meeting room in the minutes.
28. SUBCOMMITTEES, WORK GROUPS AND AD-HOC COMMITTEES.
Legislative bodies may not form subcommittees, work groups or ad-hoc committees that require expenditure of city resources not allocated in work plans or approved by City Council.
29. BUSINESS CARDS. City Council voted on July 5, 2022 to not allow business cards for legislative body members.
30. CITY SEAL. Fullerton Municipal Code 2.01.020 states "It shall be unlawful for any person to make or use the seal of the City of Fullerton, or reproduction thereof, for any purpose other than for the official business of the City of Fullerton, its Council, officers or departments." Per City of Fullerton Administrative Policy No. 34 only City staff may 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.
Resolution No. 2022- 069
ADOPTED BY THE FULLERTON CITY COUNCIL ON AUGUST 2, 2022. 1 nda illiams, MMC
C. v Clerk;
7 City of Fullerton
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF FULLERTON )
RESOLUTION NO. 2022- 069
I, Lucinda Williams, City Clerk and ex-officio Clerk of the City Council of the City of Fullerton, California, hereby certify that the whole number of the members of the City Council of the City of Fullerton is five, and that the City Council adopted the above and foregoing Resolution No. 2022- 069 at a regular meeting of the City Council held on the August 2, 2022 by the following vote:
COUNCIL MEMBERS IN FAVOR:
COUNCIL MEMBERS OPPOSED:
COUNCIL MEMBERS ABSTAINED:
COUNCIL MEMBERS ABSENT:
c' da illiams, MMC
d6 Cler
Jung, Whitaker, Silva, Zahra, Dunlap
None
None
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