I. PURPOSE
The purpose of this Code of Conduct ("Code") is to define the role of elected and appointed officials (members of the City Council and its subsidiary Commissions and Boards, collectively "City officials" or "officials") in the governance of the City. This Code of Conduct is designed to describe the manner in which Councilmembersshould treat one another, City staff, constituents, and others they come into contact with in representing the City of Greenfield. This Code consists of policies intended to advance the City's goals of providing efficient and high quality services to its residents and providing a safe and productive work environment for its employees.
It is not possible for a code of this kind to anticipate and provide a rule of conduct for all situations. At bottom, it is expected that officials will manage their behavior in a manner consistent with the rules that follow, respect the chain of command and behave within the bounds of their authority. It is also expected that officials will treat each other, City employees, residents and business-people with courtesy and respect in a manner that reflects well on the City.
This City Council code of conduct should not be interpreted to conflict with other rights and responsibilities of the City's public officials set forth in this code or Federal, State, or local law.
The City Council Code of Conduct shall be the definitive document relating to ethical conduct by Greenfield Councilmembers.
II. POLICY
What follows are general policies governing the conduct of City officials:
A. General Conduct
1. Councilmembers must refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the City Council, boards, commissions, committees, staff, or the public.
2. Councilmember duties must be performed in accordance with the processes and rules of order established by the City Council.
3. Councilmembers must inform themselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand. 129
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4. Council decisions must be based upon the merits and substance of the matter at hand.
5. It is the responsibility of Councilrnembers to publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision-making process with all other Councilmembers and the public prior to acting on the matter.
6. Appropriate City staff should be involved when Councilmembers meet with officials from other agencies and jurisdictions to ensure proper staff support as needed and to keep staff informed.
7. Councilmembers must not attend internal staff meetings or meetings between City staff and third parties unless invited by City staff or directed by Council to do so.
B. Conduct at Public Meetings:
1. All Councilmembers must refrain from abusive conduct, verbal attacks upon the character or motives of other members of the City Council, boards, commissions, committees, staff or the public.
2. Members must prepare themselves for public issues, listen courteously and attentively to all public discussions before the Council.
3. Councilmembers must refrain from interrupting other speakers, making personal comments not germane to the business of the Council, or otherwise interfering with the orderly conduct of the meetings.
4. Councilmembers must recognize the responsibility of the Mayor to maintain order, keep discussion on track, and focus discussion on the agenda items at hand.
5. Councilrnembers must base decisions on the merits and substance of the matter at hand rather than on unrelated considerations.
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C. Council Interaction with CityStaff
1. Council requests for research or other staff work must be directed to the City Manager, or the City Attorney regarding legalmatters.
2. If more than fifteen minutes of staff time will be required to complete the task/project, the item will be agendized to ask the City Council if time should be spent on preparing a report on the proposed item.
3. Staff responses prepared to Council inquiries shall be distributed to all City Councilmembers.
4. Councilmembers must not direct staff to initiate any action, change a course of action, or prepare any report. A Councilmember shall not initiate any projector study without the approval of the majority of theCouncil.
5. Councilmembers must not attempt to pressure or influence discussions, recommendations, workloads, schedules, or department priorities absent the approval of a majority of theCouncil.
6. Whenever possible, Councilmembers should direct questions ahead of time to the City Manager and/or the appropriate Department staff so that they can provide the desired information at the Councilmeeting.
7. Any concerns by a member of the City Council regarding the behavior or work of a City employee should be directed to the City Manager privately to ensure the concern is resolved. Councilmembers must not reprimand employees directly nor should they communicate their concerns to anyone other than the City Manager.
8. Councilmembers may direct routine inquiries to either theCity Manager or appropriate department head.
9. Councilmembers serving on Council committees or as the City's representative to an outside agency may interact directly with City staff assigned to that effort as the City Manager' s designee. The City staff member so designated and a signed will keep the City Manager appropriately informed.
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l 0. Soliciting political support from staff (e.g., financial contributions, display of posters or lawn signs, name on support list, etc.) is prohibited. City staff may, as private citizens with constitutional rights, support political candidates, but all such activities must be done away from the workplace and may not be conducted while on duty or in uniform.
D. Council Interaction with the Public
l. Councilmembers may use their title only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority.
2. Once the City Council has taken a position on an issue, all official City correspondence regarding that issue will reflect the Council's adopted position.
3. In most instances, the Council will authorize the Mayor to send letters stating the City's official position to appropriate legislators.
4. City letterhead may only be used by Councilmembers for official City business.
5. If a member of the City Council appears before another governmental agency organization to give a statement on an issue affecting the City, the Councilmember should indicate the majority position and opinion of the Council
6. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not reflect the official position of the City Council.
7. Councilmembers must not make representations or promises to any third party regarding the future actions of the City or of the body of which they are a member, unless such representation or promise has been duly authorized by the appropriate body.
8. When representing the City on official business, officials shall behave responsibly and in a manner, as to project a positive image for the City. 132
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E. Council Interaction with City Advisory Bodies
1. Councilmembers must not attempt to pressure or influence any commission or committee decisions, recommendations, or priorities absent the approval of the majority of the Council.
2. The City Council as a whole shall provide direction and guidance to its advisory bodies.
F. Confidential Information
1. Councilmembers must respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City.
2. Councilmembers cannot disclose or otherwise use confidential information without proper legal authorization.
G. Enforcement
Every City official is expected to observe the foregoing policies and rules when engaged in City business.
1. Complaints alleging a violation of this Code of Conduct by a City official should be directed to the City Manager or the City Attorney. Upon receipt of a complaint of a minor nature, the City Manager and the City Attorney must together determine a course of action.
2. The City Manager and the City Attorney must, should they fail to resolve the complaint or should the complaint be of a serious nature, consult with the Mayor (unless the Mayor is the subject of the complaint, in which event they shall consult with the Mayor Pro Tern or other Councilmember, in order of seniority, as is appropriate under the circumstances) to determine an appropriate course of action.
3. The goal of enforcement of this Code of Conduct is corrective, rather than penal, and a progressive approach to curing violations shall be employed beginning with informal methods and proceeding to more formal methods as necessary. 133
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4. Should less drastic measures fail, the City Council may in a public meeting impose one or more of the following sanctions:
i. Reprimand
ii. Censure
iii. Loss of committee or liaison assignments
iv. Removal from an appointed committee, commission or board v. Loss of staff support or use of City resources
vi. Other penalties as may be applicable under the circumstances. 134
CITY OF GREENFIELD
599 EL CAMINO REAL
GREENFIELD, CA 93927
ADOPTED: MAY 8, 2012
AMENDED: SEPTEMBER 8, 2015
AMENDED: JULY 26, 2016
CITY COUNCIL RULES OF ORDER
AND PROTOCOLS
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TABLE OF CONTENTS
I. DUTIES OF THE CITY COUNCIL, MAYOR
II. MEETINGS AND NOTICE
III. AGENDA
IV. VOTING
V. THE MINUTES
VI. ACTIONS
VII. MOTIONS
VIII. CONDUCT OF PUBLIC HEARING
IX. PUBLIC PARTICIPATION AT COUNCIL MEETINGS
X. TELEPHONE PARTICIPATION – MEETINGS
XI. PUBLIC REQUESTS – PROCLAMATIONS / PRESENTATIONS
XII. TRAVEL EXPENSES AND REIMBURSEMENT RULES
XIII. CITY OF GREENFIELD COMMUNICATIONS GUIDELINES -
MAYOR/COUNCIL – MANAGER – STAFF
XIV. MISCELLANEOUS
XV. APPLICABILITY
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I. DUTIES OF THE CITY COUNCIL, MAYOR
A. The Council. The City Council consists of five (5) members, including an elected Mayor and four (4) Council Members, each of whom shall be a registered voter residing in the City. Terms are set in accordance with Government Code Section 36503.
B. Mayor. The Mayor is elected by the people in accordance with Elections Code Section 32100 et seq. The Mayor is the official head of the City of Greenfield for all ceremonial purposes. The Mayor is entitled to vote on all matters but does not possess any veto power. The Mayor shall state every question coming before the Council, call for a vote, and announce the decision of the Council. The Mayor signs all ordinances and the approved minutes for all City Council meetings. The Mayor must execute such documents as directed by vote of the Council. The Mayor also makes appointments to all commissions and committees, with the approval of a majority of the City Council.
The Mayor is the presiding officer at all Council meetings. In the absence of the Mayor, the Mayor Pro Tempore is the presiding officer, and in the absence of the Mayor Pro Tempore, the remaining Council Members shall select a presiding officer. The presiding officer preserves decorum and determines all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken and seconded, the question is “Shall the decision of the presiding officer be sustained?” A majority vote of the Council sustains the presiding officer’s determination. Otherwise, the ruling is reversed. If in doubt on a point, the presiding officer may submit the question to the Council, in which case a majority vote prevails.
C. Mayor Pro Tempore. The Mayor Pro Tempore (Mayor Pro Tem) is elected from those on the Council after the certification of each regular election. In the absence of the Mayor, the Mayor Pro Tem possesses the powers and performs the duties of the Mayor.
II. MEETINGS AND NOTICE
A. Public. All Council meetings are open to the public, with a prepared agenda, and all persons shall be permitted to attend all meeting except those closed sessions held in accordance of law (such as personnel, litigation matters or real estate negotiations).
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B. Regular meetings. Regular meetings shall be held as authorized by resolution of the City Council, unless a change in meeting date is authorized by majority vote of the Council. Once convened, such meeting may be adjourned to another location within the City if unusually large crowds or other circumstances warrant.
Council meetings shall convene promptly at 6:00 PM. Matters not completed by 10:00 PM will be continued to the next adjourned or regular meeting, unless a majority of the Council Members present at the meeting vote to continue the matter past 10:00 PM. Any regular meeting may be cancelled by the City Council upon announcement of such cancellation at the regular meeting preceding the meeting to be cancelled.
No action shall be taken on any item not appearing on the posted agenda. At least seventy-two (72) hours before a regular meeting of the City Council, the City Clerk, or designee, shall post in a public place an agenda containing the time and place of the Regular Meeting, the business to be transacted at the regular meeting, and information regarding requests for disability-related modification of accommodation. The agenda shall also be posted on the City’s website, except where the Brown Act does not so require.
C. Special Meetings. Special Meetings of the Council may be called by the Mayor or majority of members of the Council with at least twenty-four (24) hours notice by delivering, personally or by mail, written notice (i.e., the agenda) of the meeting to each Council Member and to each local newspaper of general circulation, radio or television station on record as having requested notice in writing, and as set forth in Government Code section 54950 et seq. Notice shall also be posted in a public place at least twenty-four (24) hours prior to the meeting and on the City’s website, except where the Brown Act does not so require. Such notice must specify the time and place of the Special Meeting and the business to be transacted. Written notice may be dispensed of by and Council Member who files with the Clerk a waiver of notice. Written notice may also be delivered via email. Only business contained in the notice may be considered at such meeting.
D. Cancelled Meeting. Notice of cancellation of a meeting shall be given by posting a notice of cancellation on or near the door of the location where the meeting was to take place, as soon as possible after the cancellation has occurred. The City Clerk shall also endeavor to remove the meeting agenda from the City’s website as soon as possible.
E. Emergency Meeting. In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, the City Council may hold an emergency meeting without complying with either the twenty-four (24) hour notice requirement or the twenty-four (24) hour posting requirement of section 54956 of the Government Code. All other Special Meeting section 54956 requirements (other than notice) are applicable to an emergency meeting.
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For purposes of this section, an emergency situation may be defined as: (a) a work stoppage, crippling activity, or other activity that severely impairs public health, safety, or both, as determined by a majority of the members of the City Council; or (b) a dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses peril so immediate and significant that requiring the City Council to provide one-hour notice before holding an emergency meeting under this section; or (c) Any other event or occurrence as specified as an emergency situation by Government Code section 54956.5.
Each local newspaper of general circulation and radio or television station that has requested notice of Special Meetings (pursuant to Government Code section 54956) shall be notified by telephone, by the presiding officer of the legislative body, or designee thereof, one hour prior to the emergency meeting or in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. If telephone services are not functioning, notice requirements are waived and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible.
During an emergency meeting, the Council may hold closed session if agreed to by twothirds (2/3) of the Council, or if less than two-thirds (2/3) are present, by unanimous vote of present members.
All Special Meeting requirements, as prescribed by Section II (C) shall be applicable to a meeting called pursuant to this section, with the exception of the twenty-four (24) hour notice requirement.
The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the roll call vote, and any actions taken at the meeting shall be posted for a minimum of ten (10) days in a public place as soon after the meeting as possible.
F. Study Session: The Council may from time to time meet in study sessions open to the public and news media, the time and place to be designated by the Mayor or a majority of the Council Members. Notice of study sessions shall be provided and agendas posted as required by the Brown Act for any such study session.
Study sessions shall be devoted to the exchange of information deemed essential before a regular Council meeting. No formal vote or official action shall be taken at study sessions, but members of the Council in attendance shall be entitled to express their opinions of any matter under discussion; providing, however, that nothing in this section shall prevent a polling of the Council or the taking of any informal vote or consensus in any matter under discussion. The participation of the public in such sessions shall be within the discretion of the Presiding Officer and subject to Council concurrence and compliance with the Brown Act. Study 139
sessions need not be so designated, but may be called idea sessions, information sessions, workshops, etc.
G. Closed Session. Closed sessions are regulated pursuant to the Brown Act. All written materials and verbal information regarding closed session items must remain confidential. Written reports and/or exhibits or materials furnished to members of the Council as part of the closed session must not be copied or saved and must be returned to staff at the conclusion of the closed session. No member of the Council, employee of the City or anyone else present should disclose to any other person the intent or substance of any discussion that takes place in a closed session unless authorized by a majority of the Council. All public statements, information and press releases related to closed session items should be handled by the City Attorney or as otherwise directed by a Council majority.
Any suspected violation of the confidentiality of a closed session discussion shall be reported to the City Attorney. The City Attorney shall be held responsible for a follow-up interview and potential investigation regarding the suspected violation. “Confidential Information” may be interpreted as a communication, written or verbal, made in closed session that is specifically related to the legal basis for conducting the closed session.
H. Audible Recordings. All regular, emergency and special meetings shall be audibly recorded and made available to the public within ten (10) working days of the meeting in question. All recordings of meetings shall be kept indefinitely.
III. AGENDA
A. The Brown Act requires that no action may be taken at any time unless on a printed and posted agenda containing sufficient information to apprise a reasonable person of the scope of any proposed action.
B. Preparation of Draft Agenda. Prior to agenda posting, a draft agenda shall be prepared by the City Manager for each regular meeting containing the time of commencement of the meeting, the specific items of business to be transacted and the order thereof. The City Manager (a) may place items on the draft agenda for discussion and/or action; (b) shall place an item on the draft agenda for discussion and/or action if requested by the Mayor at a previous Council meeting during City Council comments and/or (c) shall place an item on the draft agenda for discussion by any Council Member at a previous Council meeting during City Council comments.
Upon receipt of any such requests, said item should be placed on the next available meeting agenda, unless otherwise directed by the requesting Council Member/Mayor. If the Council Member requests an item for which the Council has already taken action or removed from formal consideration to be placed on the agenda, the requesting Council Member must obtain the consent of the majority of the Council for the item to be placed on the agenda. 140
1. Request from Public: Any person may request placement of a matter on the Council agenda by submitting a written request with the agreement and approval of a sponsoring Council Member. The Council Member shall take the written request and bring it to the attention of the City Manager. The City Manager shall respond in writing to the Council Member as to the approval or denial of the request.
C. Contents of Agenda. The final agenda shall specify the time and location of the meeting. The agenda shall contain, when required by law or when appropriate, the following headings:
1. Call Meeting to Order
2. Roll Call of Members
3. Invocation
4. Pledge of Allegiance
5. Agenda Review
6. Public Comment
7. Consent Calendar
8. Mayor’s Presentations, Proclamations, Communications, Resolutions
9. Public Hearings
10. City Council Business
11. Adjourn to Closed Session
12. Reconvene to Open Session
13. Brief Reports on Conferences, Seminars & Meetings Attended by Mayor and City Council
14. Comments from City Council
15. Adjourn
D. Modifications to Approved Draft Agenda: After the draft agenda is approved by the City Manager and before the posting of said agenda for the City Council meeting in which the items will be addressed, additional items shall be placed on said agenda when:
1. The City Manager receives a request by two (2) Council Members, either verbally or in writing, that an item be added to the agenda. Items added in this manner will be addressed by the Council if a majority of the Council Members present at the meeting votes to address the item; or
2. The City Manager determines, with the concurrence of the City Attorney, that there is a need for that item to be placed on the agenda. Items added in this manner shall be addressed by the Council at the City Council meeting.
E. Items for Future Agendas: Any Council Member may direct the City Manager to place an item on the future agenda not yet drafted.
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F. Posting of Agenda. At least seventy-two (72) hours prior to a regular meeting and twenty-four (24) hours prior to a Special Meeting, the City Clerk shall post the agenda in a place accessible to the public at City Hall and on the City web site, and as further explained in Section II. Whenever possible, staff reports will be made available to the Council, public, and press seventy-two (72) hours before the meeting. Packet materials or any supplemental material shall be delivered to Council Members on a weekday by 5:30 PM.
G. Matters Not Appearing on the Agenda. No action or discussion shall take place on any item not appearing on the agenda for a regular meeting as posted, unless:
1. The City Council determines by majority vote that an emergency situation exists as described in Section II (E).
2. The City Council determines by a two-thirds (2/3) vote of the members of the City Council present at the meeting, or, if less than two thirds of the members are present, an unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted.
3. The item was included in a posted agenda for a prior meeting held not more than five (5) calendar days prior to the meeting at which the item is acted upon and at the prior meeting the item was continued at the meeting at which action is being taken.
4. During Section III (C-6) (Public Comments), when an item not on an agenda is raised by a member of the public, the City Council may respond for purpose of clarification and refer to the City Manager for follow up at a later date.
H. Order of Business. At the time set for each regular meeting, the Mayor shall call the meeting to order, and the business of the Council shall be taken up for consideration and disposition in the order set forth. The order of the agenda shall be established by the City Clerk, who may fix a time for public hearings at a later time in the meeting than its commencement. With the consent of a majority of the Council Members present, items may be taken out of order.
I. If requested, the agenda shall be made available in various formats to persons with a disability as required by Section 202 of the Americans with Disabilities Act of 1990 (41 U.S.C. sect. 12132).
IV. VOTING
A. Right to Vote. Unless disqualified, as defined in Section IV (F), below members of the City Council are entitled and have the responsibility to exercise their right to cast their vote on items of business brought before the Council. Votes are taken by voice or roll call and entered in full upon the record. 142
B. Quorum. Three (3) members of the City Council shall constitute a quorum of the City Council. Motions may be passed 2-1 if only three (3) attend, but resolutions, orders for the payment of money and all ordinances require a recorded majority vote of the total membership of the City Council. (Gov. Code sec. 36936.) C. No Objection/Unanimous Consent. A properly offered and seconded motion may be passed by unanimous consent of the Council Members. The Mayor shall declare a motion, duly made and seconded, as before the City Council. The Mayor shall then declare there being no objection, the motion is adopted by unanimous consent. Any motion adopted by this method shall be considered a recorded unanimous approval of the motion in the minutes by the City Clerk.
D. Roll Call. Votes must be taken by roll call if 1) the motion requires more than a majority, or 2) any member of the City Council demands the motion be voted upon by roll call vote. Upon such demand, the Mayor shall request the City Clerk to conduct a roll call, with each member of the City Council declaring yea, nay, or abstain. Upon conclusion of the roll call, the City Clerk shall declare the results of the roll call. If a roll call vote is demanded, the Mayor may elect to vote last.
E. Failure to vote. Every member should vote unless disqualified for cause accepted by vote of the Council or by opinion of the City Attorney. Self-disqualification, with approval, which results in a tie vote, should be avoided, but no Council Member can be forced to vote. The abstaining Council Member essentially “consents” that a majority of the quorum may act for him/her. Tie votes are “lost motions” and may be reconsidered later by motion to continue. This continuance suspends the running of any time in which action of the City Council is required by law.
F. Disqualification. Where a Council Member suffers a conflict of interest, bias, or predetermination, such member shall state the nature of the disqualification, leave the Dias and the Council chamber and, that Council Member’s vote or lack thereof shall not be considered, nor shall that Council Member be counted toward a quorum.
V. THE MINUTES
A. City Clerk Manages Minutes. The City Clerk shall draft and manage the minutes until presented to the Council, Commission or Board for approval. The Council, Commission or Board may then, by motion, make such corrections as conform to fact.
B. Content of Minutes. The minutes shall include the date, hour and place of the meeting; whether it is a regular, adjourned regular or Special Meeting; the names of the Council Members and staff present and absent; and any action taken by the City Council. The minutes should be a clear and concise statement of the actions taken at the Council meeting, including the motions made and the vote thereon. 143
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10 Whenever the Council acts in a quasi-judicial proceeding such as assessment or zoning matters, it is necessary to compile a complete summary of the witnesses.
If any Council Member arrives later or departs before the adjournment, the minutes shall reflect his or her arrival or departure time.
C. Audible Recording. The City Clerk shall be responsible to ensure the audible recording devices are turned on prior to any City Council meetings. The recordings of all meetings shall be made available to the public within ten (10) days following the meeting. The recordings of all meetings shall be made part of the permanent record and archived with the meeting minutes.
VI. ACTIONS
A. Motions. Any Council Member may initiate an item for formal consideration by the City Council through the making of a motion. An individual Council Member may make an independent motion, may make a motion to implement staff recommendation, or may request assistance from the City Manager or City Attorney as to the form of a proposed motion. Upon making of the motion, a second Council Member may second the motion. A duly offered and seconded motion shall be restated by the Mayor. Unless withdrawn, the City Council shall vote upon the motion as provided in Section IV.
B. Resolutions. A resolution is a formal document that records an action of the City Council. Resolutions are considered by the City Council upon motion and a proper second. Resolutions are sometimes required by law or may be recommended by the City Manager or City Attorney to record an action of the City Council which is considered of particular import.
C. Ordinances. Ordinances are the vehicle used by the City Council to repeal or amend existing law, as codified in the Greenfield Municipal Code, or to enact new law pertaining to the City’s police power within the City’s boundaries. In accordance with the California Government Code, Ordinances are considered by the City Council in a two-step process: 1) unless determined to be an item of urgency by a four-fifths (4/5) vote of the City Council, ordinances are introduced by the City Council at one meeting. 2) The ordinance is then approved and adopted at a subsequent City Council meeting.
1. Vote for Reading Ordinance Title Only. The Council may read the ordinance at both first and second reading (adoption) by title only, if reading in full is waived by majority vote.
2. Adoption of the Ordinance. Adoption may occur only once five (5) days have elapsed since first reading. The Ordinance either must be read in full or Unanimous Consent procedure to be read “by title only.” The ordinance title is read, and the Council shall have a roll call vote on a motion to read by title only. If the motion to read, by title only, passes, the ordinance is ready for adoption, otherwise must be read in full. 144
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11 The Council should avoid a “combination motion” to “adopt by reading title only” because if the Council splits, the passage may be defective. Ordinances may only be passed at a regular meeting, with the exception of urgency ordinances, which may be passed at a Special Meeting.
3. Effective date. All ordinances, except as provided in section 36937 of the Government Code (Urgency Ordinances) shall become effective thirty (30) days after adoption or upon such later date as may be designated in the ordinance.
4. Publishing. It is the duty of the City Clerk to publish or post the ordinance as set forth in section 36933 of the Government Code within fifteen (15) days after adoption; failure to do so may invalidate the ordinance.
5. Urgency Ordinances. If any Urgency Ordinance fails to receive an affirmative vote of four-fifths (4/5) of the members, such ordinance shall be as if it had not been read as an emergency enactment. Urgency ordinances must pass by a four-fifths (4/5) vote and be published and become effective immediately.
VII. MOTIONS
A. Processing of Motions. When a motion is made and seconded, it shall be stated by the Mayor before debate.
1. Motions out of order. The Mayor may at any time, by Unanimous Consent permit a member to introduce an ordinance, resolution, or motion out of the regular agenda order.
2. Division of question. If the question contains two or more divisible propositions, the Mayor may, and upon request of a member shall, divide the question and require a vote on each portion of the question.
3. Withdrawal of Motion. A motion may be withdrawn if the motion has not been stated by the Mayor. A withdrawn motion does not appear in the minutes. Once a motion has been stated by the Mayor, a motion can be withdrawn only by unanimous consent or by a majority roll call vote and the approval of the Council Member who seconded the motion.
B. Precedence of Motions. When a motion is before the Council, the only other motions that may be entertained are motions: to adjourn; to fix hour of adjournment; to lay on the table; for the previous question; to postpone to a certain day; to reconsider; to amend; and, to postpone indefinitely. These motions shall have precedence in the order indicated.
1. Motion to adjourn (not debatable). A motion to adjourn shall be in order at any time, except as follows:
A. when repeated without intervening business or discussion 145
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12 B. when made as an interruption of a member while speaking C. when the previous question has been ordered
D. while a vote is being taken.
A motion to adjourn “to another time” is debatable only as to the time to which the meeting is adjourned.
2. Motion to fix hour of adjournment. A motion to fix the hour of adjournment is called to set a definite time at which to adjourn. This motion is undebatable and unamendable except as to time set.
3. Motion to table. A motion to table is called to temporarily by-pass the subject. A motion to lie on the table is undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” at any time prior to the end of the next regular meeting.
4. Motion for previous question (not debatable). A motion for a previous question (also known as calling the question) is called to close debate on main motion and bring about an immediate vote. This motion is undebatable. Just indicating “question” does not accomplish the same thing. If the motion fails, the debate is reopened; if the motion passes, then a Council vote on the main motion is in order.
5. Motion to amend. A Council Member may make a motion to amend an amendment is in order; however, a motion to amend an amendment to an amendment is not in order. An amendment modifying the intention of a motion is in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject is acceptable.
Regarding procedure, the amendment must be voted on first, and then the main motion may be amended by motion.
6. Motion to postpone. If a motion to postpone is called and adopted, the principal question shall be declared lost. Motions to postpone to a definite time are amendable and debatable as to propriety of postponement and time set.
7. Motion for reconsideration. Any Council Member who voted with the majority may move a reconsideration of any action at the same meeting providing no legal rights have intervened to create an estoppel. After one motion for reconsideration has been acted upon, no other motion on the same subject shall be made without unanimous consent.
VIII. CONDUCT OF PUBLIC HEARING
A. Format of hearing. Staff shall first provide the Council with a review of the issue, and time for Council questions. The Mayor shall then open the audience participation portion of public hearing and receive comments from the public. A presiding officer may limit a speaker’s time. If applicable, the applicant will be given the opportunity to present his or her case first, and then opponents will then be permitted to present their case. The applicant will then be allowed to present rebuttal (not supplemental) evidence and closing remarks. The Mayor will call the public hearing to be closed. After the close of the hearing, the Mayor 146
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13 will ask for Council questions and a motion disposing of the matter. Council Members shall not speak on an issue until the public hearing is closed. After the public hearing is closed, it is inappropriate for the public to speak except to answer Council Member inquiry.
B. Evidence. The parties concerned, at this point, must be prepared to submit all evidence pertinent to their position. However, in order to save time, anyone may refer to previous testimony or to documents previously filed, as all of the records, exhibits, and minutes of other meetings are before each member, all of which is part of the record. Each speaker is required to abstain from irrelevant testimony, repetition, excessive hearsay, indulging in personalities or making statements not recorded by the City Clerk. All parties are reminded to restrict their remarks and evidence to that which is relevant, as determined by the Council. All evidence considered by the Council in reaching its decision must be retained by the City as part of the record, as a supplement to the minutes.
C. Witnesses. Each person who desires to speak must first be recognized by the Mayor. Upon receiving recognition, the speaker may give his or her name and address for the record.
D. Petitions – Letters. Evidence in administrative hearings may not be read unless the writer is present for cross-examination or unless the other side consents.
IX. PUBLIC PARTICIPATION AT COUNCIL MEETINGS
A. Timing and Scope of Public Comment. Any person may address the City Council regarding any matter with which they are concerned at the time designated for that agenda item, or on issues not on the agenda during at the “Public Comment” time in the agenda that provides an opportunity for members of the public to directly address the Council. Members of the public should make remarks or comments only on items within the jurisdiction of the City Council.
Remarks not within the scope of the City Council's authority shall be ruled out of order by the Mayor.
B. Speaker Cards, Addressing the Council. Speaker cards will be provided to the public near the entrance of the Council Chambers. Members of the public that wish to speak on an agendized item should submit a completed speaker card for each item to the City Clerk prior to the meeting being called to order, although such cards will not be required. The City Clerk will be responsible to call the members of the public who have filled out a speaker in the order that they are received. If time allows members of the public that did not fill out speaker cards may approach the podium to address the Council. Any person addressing the City Council should speak into the microphone at the speakers’ podium, state his or her name and address, and address all remarks to the City Council as a body, not to any individual member or to the audience. No person other than the 147
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14 City Council and the person having the floor shall be permitted to discuss any matter either directly or through a member of the City Council without permission of the Mayor/Chair.
C. Frequency and Duration of Oral Comments. Members of the public shall only be allowed to speak one time on each agenda item without the consent of the Mayor, the exception being applicants or representatives who have requested a particular item be placed on the agenda may provide opening and closing remarks. The duration of oral comments shall not exceed three (3) minutes unless additional time is granted by the Mayor prior to opening that agenda item.
If an extension of time is granted for oral comments, such privilege shall extend to all speakers under that agenda item. Time for oral comments may not be donated or extended to a speaker from other members of the public in attendance.
D. Picking a Representative for a Group of Speakers. When an identifiable group of persons wishes to address the City Council, on the same agenda item, the Mayor shall have the discretion to request that a spokesperson be chosen by the group to address the City Council. If additional issues are to be presented on the subject by any other member of such group, the Mayor may limit the number of persons and the time period for speaking to the City Council, to avoid unnecessary repetition of issues.
E. Limiting Oral Comments. The Mayor with the Council has the discretion to reasonably limit the number of speakers and the duration of the oral comments on each agenda item.
F. Public Decorum: Each person who attends a City Council meeting or who addresses the City Council may not discuss matters that are not within the subject matter jurisdiction of the City Council, and must do so in an orderly manner and shall not make personal, slanderous, or profane remarks or verbally attack any member of the Council, staff or general public. Any person at the podium or in the audience that makes such remarks, or utters loud, threatening, personal, abusive or disruptive language, or engages in any other disorderly conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of any Council meeting shall at the request of any Council Member be immediately escorted from the Council Chambers by the law enforcement officer on duty and be barred from further attendance of that particular meeting. Any physically aggressive or obscene gestures from individuals in attendance shall be cause for immediate removal from the meeting without the courtesy of returning to that particular meeting. Members of the public may not bring flags, signs or placards into the City Council Chambers larger than 8 ½ x 11 inches in size. Items cannot be waved, held over one’s head or generally moved in any other disorderly manner which disrupts, disturbs or otherwise impedes the orderly conduct of the Council Meeting. The aforementioned articles may be displayed or distributed outside the building or in the Civic Center lobby. Handouts or 148
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15 printed materials may be distributed in the City Council Chamber prior to the Council meeting or in the Civic Center lobby.
Decorum and order shall be enforced in the following manner:
1. Warnings. The Mayor shall inform that any person(s) violating the RULES of DECORUM be orderly and silent. The warning shall be substantially in the form described as follows: If, after receiving a clear warning from the Mayor, the person(s) disturbs the Council meeting a second time, the Mayor shall call for the removal of the violator(s). If the person(s) does not depart from the Council Chambers of his or her own volition, the Mayor shall order any law enforcement officer on duty to escort law enforcement officer on duty to escort that person(s) from the Council Chambers.
2. Text for Warning. The Mayor shall deliver the requisite warning in substantially the following form:
You are hereby advised that your conduct is in violation of the Rules of Order and Decorum of the City Council and California Penal Code Section 403, and you are hereby directed to be orderly and silent. Penal Code 403 states –“That any person who, without authority of law, willfully disturbs or breaks up a lawfully convened meeting of the City Council is guilty of a misdemeanor.” Continued disruption of this Council meeting will result in your removal from the meeting by the officer on duty and you will not be permitted to return to the Council Chambers for the duration of the meeting. In addition, any continued disruption of this meeting is grounds for you being arrested and charged with a misdemeanor. Do you understand this admonition?
3. Motion to Enforce. If the Mayor fails to enforce the rules set forth above, any member of the Council may move to require the Mayor to do so and, by an affirmative vote of a majority of the Council, shall require the Mayor to enforce the ruling. If the Mayor of the Council fails to carry out the will of the majority of the Council, the majority may designate the Mayor Pro Tempore to act as Presiding Officer for the limited purpose of enforcing these Rules of Decorum.
G. Interruption of Meeting. Pursuant to Government Code Section 54957.9 (Brown Act) if any meeting is willfully interrupted and disrupted so as to render the orderly conduct of such meeting unfeasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the City Council may order the meeting room cleared and continue in session.
Representatives of the news media may attend the meeting unless participating in the disturbance. The City Council may readmit any individuals not responsible for willfully disturbing the orderly conduct of the meeting. 149
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16 H. No Use of Public Comment for Campaigns. No person may use public comment or for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition.
Further, any direct mention of a candidate’s candidacy or a ballot proposition shall constitute grounds for immediate suspension of such person’s right to speak at that Council meeting.
I. No Use of Public Comment or for Advertising. No person addressing the Council may use Public Comment or for the purpose of advertising. Advertising is defined as “promoting by making known, proclaiming publicly, drawing attention to, or making conspicuous any item, product, service, or thing, for profit or otherwise. “This does not prevent or preclude any person addressing the Council from expressing his or her views or opinions on matters over which the Council has jurisdiction. Also, this does not prohibit individuals or organizations from promoting public events or causes through public requests for proclamations and presentations as provided in Section X, Item C and Item D below.
J. Transgression. The Council by majority vote shall retain authority to determine whether a Speaker’s remarks fail to comply with these Rules or exceed the scope of the designated Forum and the Mayor or Mayor Pro Tempore acting on the Council’s behalf shall have the right to suspend such person’s right to speak.
X. TELEPHONE PARTICIPATION – MEETINGS
A. Telephone Participation Meetings
1. Council Members may attend committee meetings and Study Sessions by teleconference. Only one Council Member per meeting may attend telephonically. Council Members may telephonically attend each type of meeting once per calendar quarter.
2. A copy of the agenda must be posted at the teleconference location.
3. The public needs to be able to participate in the meeting. Thus, the room needs to be open to the public, and a speakerphone (or other technology that allows the public to listen and comment) must be available for use.
4. The agenda must provide the opportunity for the public to address the Council directly at each teleconference location.
5. All votes taken during a teleconference must be by roll call.
6. During the teleconference, at least a quorum of the legislative body must participate from locations within the City’s boundaries.
7. The agenda for the teleconferenced meeting should mention the teleconference location, such as:
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17 NOTICE OF TELECONFERENCED MEETING
Pursuant to California government Code section 54953, member of the City Council may attend this meeting via teleconference. Members of the public may attend and participate either at the address given above, or at the teleconference location listed below: (insert address) XI. PUBLIC REQUESTS – PROCLAMATIONS / PRESENTATIONS
A Public Request for Proclamations. It is the policy of the Council to consider requests to proclaim certain events or causes when such proclamations pertain to a City of Greenfield event, person, organization, or cause with local implications. The Council will consider requests that are timely, have potential relevance to a majority of the City’s population, and either forward positive messages or call upon the support of the community. The following guidelines and requirements apply to requests for consideration for proclamations:
1. The person(s) or organization making the request must submit a completed application requesting a City Proclamation and submit a copy of the proposed proclamation.
2. The request should be made at least two weeks in advance of the requested Council meeting.
3. The Mayor, City Manager and/or staff designee will determine if the proposed proclamation meets the intent of this policy. When there is uncertainty in making this determination, the Mayor will consult with the City Council Committee of the Whole for guidance.
4. The Council will not make more than two proclamations at one Council Meeting.
5. The City retains the right to modify, edit, or otherwise amend the proposed proclamation to meet its requirements, needs, or policy determinations.
6. The City retains the right to decide if the proclamation will or will not be issued.
7. Once approved, the proclamation will be included on the appropriate Council agenda.
8. If not approved, the applicant will be notified of the decision and the reason(s) for the decision.
B. Public Requests for Presentations. It is the policy of the Council to consider requests for presentations of certain events or causes when such presentations pertain to a City of Greenfield event, person, organization, or cause with local implications. The Council will consider requests that are timely, have potential relevance to a majority of the City’s population, and either forward positive messages or call upon the support of the community. The following guidelines and requirements apply to requests for consideration of presentations 151
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18 1. The person(s) or organization making the request to make the presentation must submit a completed application to make a City Council Presentation.
2. The request should be made at least two weeks in advance of the requested Council meeting.
3. The Mayor, City Manager and/or staff designee will determine if the proposed presentation meets the intent of this policy. When there is uncertainty in making this determination, the Mayor will consult with the City Council committee of the Whole for its guidance.
4. The presentation shall not exceed five minutes in length and the Council will not entertain more than two presentations at one Council Meeting.
5. The City retains the right to modify, edit, or otherwise amend the proposed presentation to meet its requirements, needs, or policy determinations.
6. The City retains the right to decide if the presentation will or will not be permitted.
7. Once approved, the presentation will be included on the appropriate Council agenda.
8. If not approved, the applicant will be notified of the decision and the reason(s) for the decision.
XII. TRAVEL EXPENSES AND REIMBURSEMENT RULES
The Mayor and each City Council member shall each have an annual $3,000 budget allocation for approved City business and travel. Advance authorization by the City Council is required in order to exceed the approved budget allocation. Reimbursement of meals, registration fees, parking, hotel and other expenses shall be reimbursed by the City based on submitted receipts.
The Mayor or Councilmember who serves as a committee member or an officer of an organization of which the City is a member, shall seek advance authorization from the City Council for any expenses, for a period not to exceed a year, at the start of each fiscal year and shall maintain a log of all expenses and will be distributed to the City Council at the end of each year.
The City Clerk shall be responsible for reserving hotel, airline and conference registrations on behalf of the Mayor and City Council. The Mayor and Council Members will be reimbursed for meals, parking, cabs, and other customary and reasonable expenses upon the submission of receipts and completion of a travel expense report obtained from the City Clerk. A copy of the completed and signed travel expense report shall be distributed to the council as an agenda item prior to repayment.
If the Mayor or a Councilmember must cancel an already scheduled and reserved trip, the individual must notify the Mayor and City Clerk at the earliest possible time to cancel all reservations and obtain refunds. If the arrangements cannot be cancelled, the individual shall attempt, through the City Clerk, to find a substitute member of the City Council. If no one else can go, then the individual who cancelled the trip is personally responsible for any costs incurred by the City. The City Council may waive said obligation upon written request if the cancellation 152
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19 was due to personal illness, illness or death of a family member, unforeseen business necessity, or other valid unavoidable conflict.
In accordance with city travel policies, none of the following expenses can be paid by the City:
Travel paid for by any other organization, alcoholic beverages, valet services, meals or lodging accommodations for family or guest, tour bus fees for sightseeing tours, mileage if traveling as a passenger in a privately-owned car, trip insurance, hosting, tips unless otherwise authorized or any other personal expenses for entertainment or other purposes.
One City credit card shall be issued for use by all members of the City Council for expenses outlined in this policy.
The City Council, by majority vote, may waive any provision of this policy.
XIII. CITY OF GREENFIELD COMMUNICATIONS GUIDELINES -
MAYOR/COUNCIL – MANAGER – STAFF
Governance of the City of Greenfield relies first upon the City of Greenfield Code of Ordinances and California State law as it applies to the City-authorized framework for doing business and then upon the cooperative efforts of the elected Mayor and City Council who set policy and priorities, the City Manager who directs and manages the affairs of the City, and City Staff.
City staff performs the operations required to deliver services, resolve service issues, carry out the assigned tasks designated in department orders and standards, analyze problems and issues, and make recommendations under the direction of the City Manager to the elected Mayor and City Council. (1) All City Staff members report through a chain of command and act under the direction of the City Manager through the Department Directors.
Communications among all parties shall be conducted in accordance with the adopted City Council Rules of Order and Protocols, the Greenfield Municipal Code and the California Government Code - without exception. These documents provide the framework and formal basis for the Communications Guidelines listed herein. Within this restrictive framework, it is our cooperative efforts that are our best ally in moving the City forward. Preserving trust in all relationships is paramount to achieving the proper execution of City policy, rules and regulations. Trust provides the most efficient path to getting the job of governance done for the City of Greenfield. Preserving trust in all City matters requires that we exercise a prudent amount of control over how we communicate. The City Manager, staff and Mayor and Council shall strive constantly to affirm the dignity and worth of the services rendered by City government and maintains a constructive, creative, and practical attitude toward local affairs and a deep sense of social responsibility as a trusted public servant. The following guidelines will help maintain effective communications among the Mayor and City Council, the City Manager and City Staff. Guidelines cannot cover every situation. When in doubt, the Mayor, City Council and City Staff are directed to contact the City Manager or the City Attorney for specific resolution of situations not covered herein.
153
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20 1. The City Manager has the responsibility to manage the affairs of the City and, as such, shall be included in all communications between Staff and all elected officials. While City staff members are available to answer Mayor and City Council inquiries regarding resident and/or business information, excepting, however, any matter involving a business/client relationship or legal conflict of interest, the City Manager is the primary information liaison between the Mayor/City Council and City Staff and must provide direction to staff on completing the inquiry. When the Mayor and City Council request information, that request should be directed to the City Manager. Likewise, when City Staff needs information or discussion on matters of inquiry, information or resolution of a service inquiry, that communication will be to the City Manager.
2. The City manager is the administrative head of the government of the City under the direction and control of the City Council. It is the job of the City Manager to control order and give directions to all heads of departments and to subordinate officers and employees of the City under his or her jurisdiction through their department heads. The City Manager shall keep the City Council at all times fully advised as to the financial condition and needs of the city and too exercise general supervision over all public buildings, public parks and all other public property which is under the control and jurisdiction of the City Council. The City Manager shall keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service.
3. The Mayor and all City Council members should have the same information with which to make decisions and understand the issues and recommendations of Staff related to policy and/or priorities. When an elected official has an inquiry or information request, it will be shared with the Mayor and all members of the City Council. The City Manager shall ensure that all City Staff recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies.
4. The Mayor and City Council may meet with City Staff upon the approval of the City Manager to discuss matters of policy, recommendations for changes in city services, and updates on the status of assigned departmental function, provided that no direction is solicited or offered by the Mayor, City Council or City Staff. The results of all discussions shall be reported to the City Manager and used to create Staff recommendations for Mayor and City Council consideration. At no time shall direction, recommendations or opinions be sought, solicited or offered. The purpose is to provide information and comment only on the subject at hand. The critical balance, required by law, is to ensure the decision-making of the Mayor and City Council occurs at a public meeting, at which time the City Manager has placed the Staff recommendation before the 154
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21 City Council. At no time shall the comments, understanding or concerns from any one meeting be shared or extended in any manner to create or promote a serial or sequential formation of policy direction. The purpose of meetings is to aid in the drafting and development or improvement of proposed policy and policy alternatives by City Staff; and to develop recommendations based upon understanding of issues by City Staff.
Soliciting opinion(s), offering direction, or stating opposition or support shall be avoided at all times to remain within the rules and laws followed by the City.
5. The City Manager will have regular meetings with the Mayor and City Council to update them on various issues confronting the City. The purpose of these meetings is to keep the Mayor and City Council informed on the general state of affairs of the City as well as various issues and priorities established by the City Manager for resolution or consideration at a future City Council meeting. The content of these regular update shall be the same for the Mayor and each City Council member and will occur in a similar timeframe. Again, no direction will be offered or solicited by any party. The purpose is for the Mayor and City Council to receive equal treatment that includes the same information and the same understanding of the affairs of the City.
6. The Mayor and City Council depend upon City Staff to provide consistent services to all residents and to respond to resident, citizen and business concerns, complaints, and opportunities as fully, consistently and expeditiously as practical. A major strength of the City’s organizational culture is providing quality and consistent customer service. To that end, all inquiries shall be coordinated through a central management system within the City Manager’s Office. To ensure efficient and responsive customer service to all, the City Manager’s Office shall respond to the initial inquiry within two business days, except as modified by a state of emergency. All inquiries will be available to the Mayor and City Council, City Manager and Department Directors. It is the responsibility of all Department Directors to assign, monitor and ensure a response is provided in a timely manner, within the resources of the department and the cost-effective management and delivery of services, and to ensure the issue is returned to the City Manager for closure.
7. Respect the will of the entire City Council, but honor the right of each City Council member to be in a minority on any issue. City Staff will make every effort to respond professionally in a timely manner to all requests for information or assistance made by individual City Council members. However, if a request reaches a certain stage in terms of workload, policy or priority, it may be more appropriate to make the assignment through the direction of the full City Council. If this should occur or is projected to occur based upon resources, the City Manager will prepare a communication to the City Council informing them of the situation and may include the item on a future City Council agenda for direction from the full body. It will always be the prerogative of the 155
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22 Mayor or individual City Council member to request a discussion at an upcoming City Council meeting and provide direction to the City Manager by the entire City Council.
This guideline helps ensure that Staff resources are allocated in accordance with the direction of the full City Council. It shall be the duty of the City Manager to direct and ensure that Staff carries out the actions and directions of the Council.
8. The Mayor and City Council will depend upon City Staff and the City Manager to make independent and objective recommendations. The City Manager and Staff are expected to provide their best professional recommendations on issues, alternatives to recommendations as appropriate, and pros and cons for the recommendations and alternatives. All such recommendations shall first consider the law; then existing or proposed City Ordinances, Resolutions and/or Administrative Policies; then the best practices of the field of study pertaining to the issues, the available resources, and best interests of the City. Sometimes, Staff may make recommendations that will be unpopular with the public, other governmental agencies, or the Mayor and City Council.
However, the City Manager and City Staff respect the role of the Mayor and City Council as the policy makers and final decision-makers for the City and understand the Mayor and City Council must consider a variety of opinions and community values in their decision-making process. It is the express intent of the City Council that their directions and actions are carried out by City Staff to the best of their ability without prejudice.
The purpose here is to restrict the final authority of the City’s governance to the Mayor and City Council as the elected representatives of the City. Conversely, the City Manager is the final authority of the City Staff to the elected officials on all matters placed before the full Council.
9. The City Manager and City Staff are supporters and advocates of adopted City Council policy and priorities. Whether or not it was the recommendation of the City Manager or City Staff, City Staff will always and consistently strongly support the adopted actions of the City Council. In doing so, it is understood this may concern the members of the City Council who voted in the minority on controversial issues. This guideline is intended to honor the role of the full City Council in deciding these issues, and it is the duty of the City Manager and City Staff to carry out the direction of the City Council.
10. Finally, the Mayor and City Council, the City Manager, and City Staff, within their respective roles, shall refrain from publicly criticizing any individual employee or elected official. Criticism is differentiated from questioning facts or the opinion of an elected official, the City Manager and City Staff. The purpose here is to ensure a fundamental voice of each party in the free practice of City governance by focusing on the issues confronting the City and not upon the opinions or beliefs of any individual. The Mayor 156
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23 and City Council should comment to the City Manager on the performance of the City Manager and/or City Staff.
These guidelines shall be followed by all City Staff in consideration of the laws of this nation, state and city, with particular emphasis on compliance with the Open Meeting Law, California Ethics in Government Law, and the City of Greenfield Code of Ordinances. They are intended to serve as the basis for cooperation in the communications used in common day-to-day operations of the City.
XIV. MISCELLANEOUS
Miscellaneous Expenditures of City Resources. No Council Member shall have the entitlement for obligating, indenturing or otherwise entering into an agreement and/or contract, verbal or written that requires the use of city funds and or equipment, staff time or use of any city resources without one hundred percent (100%) approval of the entire Council Membership. No Council Member shall have the sole authority to disperse or use city funds or resources without the knowledge and one hundred percent (100%) approval of the Council.
XV. APPLICABILITY
The City Council further finds and declares that the aforementioned Rules of Order and Protocols will be used and followed by all members of the City Council, and its Commissions and Boards, unless previous adopted rules of conduct exist and apply to that board. In the case of a Commission or Board, the term “Chairperson” shall be substituted for Mayor and the name of the Commission or Board shall be substituted for City Council or Council.
The intent of the policy for the aforementioned Rules of Order and Protocols will be observed unless one hundred percent (100%) of the Council desires a change.
It shall be the responsibility of the City Manager to review the aforementioned Rules of Order and Protocols on an annual basis to insure compliance with the Brown Act. Any necessary updates for non-compliance issues shall brought to the immediate attention of the full Council.
05.08.2012 Adopted
09.08.2015 Amended
07.26.2016 Amended
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01255.0001/937369.1 Page 1 of 3 Item 11 – Legal Opinion Request Report to the Board of Directors
ITEM NO. 11
N/A
Finance and Administration Manager/
Controller/Treasurer
Date: November 16, 2023
From: Roy C. Santos, General Counsel
Title: Discussion and Direction Regarding a Request for Legal Opinion Received by the General Counsel
on October 20, 2023, from a Member of the Board
of Directors.
General Manager/CAO
R. Santos by E.T.
Authority General Counsel
RECOMMENDATION
Provide direction to the General Counsel regarding the action(s), if any, the Board would like to undertake in response to the request for a legal opinion received on October 20th and additional requested action received on November 1st.
STRATEGIC PLAN RELATIONSHIP
N/A
FISCAL IMPACT
The estimated budget for a review and preparation of documentation to be presented to the FPPC is approximately $5,000.00 to $15,000.00.
DISCUSSION & ANALYSIS
On October 20, 2023, the General Counsel received an email request from a Board Member seeking a legal opinion regarding whether the actions of Board Member Andrew Tipton during and after the October 19th meeting violated the conflict of interest policies of the State or SVSWA, or violated ethics or other laws. On October 23rd, the General Counsel responded to the email, informing the Board Member that generally the only entity with jurisdiction to determine if a violation of Government Code section 1090 or the Fair Political Practice Act has occurred is the FPPC. The General Counsel offered to place an item on the agenda for the next scheduled Board meeting to seek direction from the full Board regarding the actions a majority of the Board would like the General Counsel to take, including requesting an opinion from the FPPC. Lastly, on November 1st the Board Member sent an additional email which requested this issue be referred to the Monterey County District Attorney’s Office for review.
While the Board Member also requested the General Counsel to immediately begin conducting an investigation and preparation of a report to be presented to the Board, on items of this nature, the General Counsel felt it was extremely important to seek direction from the full Board. Such action, would ensure the General Counsel was being a good steward of the Authority’s resources and, as the General Counsel for the full Board, not interjecting themselves into a potential dispute between Board Members absent direction from a majority of the Board. Further, based upon prior experience, these types of issue are can be time consuming, expensive and fraught with legal peril given the need for multiple interviews, preparation of transcripts from the interviews, preparation of a report/request for an 158
01255.0001/937369.1 Page 2 of 3 Item 11 – Legal Opinion Request opinion/referral for criminal investigation, and potential claims relating to due process and fairness.
Thus, in light of the requests received, the General Counsel seeks direction from the Board regarding the following: (1) whether to perform a review into this issue (interview all those individuals present at the October 19th meeting); (2) whether to present a summary of what occurred to the FPPC for a legal opinion; (3) whether to refer this matter to the Monterey County District Attorney’s Office for review; or (4) take no further action(s) relating to this issue.
BACKGROUND
At the October 19th Board Meeting, the Authority considered Item No. 17, a resolution approving a landfill gas sale agreement and lease agreement, at the Crazy Horse landfill, with Vespene Energy, Inc. which was approved by unanimous vote of the attending Board Members. During the consideration of Item No. 17 Board Member Tipton engaged in the following dialog with the CEO of Vespene Energy, Inc.:
1:57:31
Tipton: ok so you actually just brought up an interesting point, that is that at the end of the ten years the end of the life cycles your you just going to pick up your equipment and go, is that already, is that also included in the contract, the close down the cost? Vespene: yes, yes that’s all in the contract.
Tipton: second question is, how many of the pocket data centers, that’s what I’m going to call them because that’s really what they are, how many pocket data centers has Crusoe actually implemented?
Vespene: Hundreds of megawatts, so in terms of number. You know, probably so they come in one to two watts of increments. So, I’m going to hazard at least fifty installations.
Tipton: Realistically speaking a data center runs about one megawatt a square meter so we’re not talking about big data center at all.
Vespene: so, this is, you’re considering more a traditional data center. These data centers are designed specifically for, huh, super energy dense, hum, applications that are what we call high performance computing so, there’s only a very curtain, hum, there’s a very dedicated subset of activities that can be run in these activities centers. It’s not like your typical, you know it’s not your typical kind of run big data center that doing sort of your data storage, right. It’s actually doing processing.
1:58:47
Tipton: Oh, I understand, I work for the department of energy.
Vespene: oh okay, you looking for a job, haha.
Tipton: actually, maybe, yeah. I’ll talk to you after. So seriously speaking, again have they identified any particular customers for data or not or are they planning on standing up a dedicated platform where they’re going to have, they’re going to use their own and sell the data as you mentioned. The output of this is only going to be data. It’s not going to be anything other that.
Vespene: that is correct the output will be data. I would want to bring Crusoe into that, I tried to get them here today but they couldn’t make it. I would sort of punt that question towards them in terms what their kind of acquisitions would be….
Final Comments
2:03:12
Tipton: I think it’s a good idea, I like that we’re making a revenue stream out of something that we’re just wasting right now, hum, it’s a really good opportunity to go through and pay 159
01255.0001/937369.1 Page 3 of 3 Item 11 – Legal Opinion Request down some of that liability that we have with an unexpected resource. I like what I’m hearing, definitely going to talk to you later, haha. I like the idea.
No additional communications between Board Member Tipton and Vespene Energy, Inc. were captured during the meeting.
ATTACHMENT(S)
None
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