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Attach 1 - Council Rules of Procedure - Amended by Res No. 18-017 041018

Hercules City Council
December 12, 2023

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Attach 1 - Council Rules of Procedure - Amended by Res No. 18-017 041018
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December 12, 2023
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Hercules City Council
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Text extracted from the city's file for reading and search. Open the original on hercules.legistar1.com. That file is the official record.

1 CITY COUNCIL RULES OF PROCEDURE

TABLE OF CONTENTS

1. Authority

2. General Rules

3. Types of Meetings

4. Chairperson and Duties

5. Order of Business and Agenda

6. Ordinances

7. Creation of Committees, Boards and Commissions

8. Citizens’ Rights

9. Regional Appointments

10. Amendments

11. Rules of Conduct

12. Legislative Process and Taking Positions

2 COUNCIL RULES OF PROCEDURE

HISTORY OF ADOPTION AND AMENDMENTS

Resolution No. Date Amendment

Resolution No. 17-068 9/26/17 Adoption of Rules after Review of all Sections

Resolution No. 18-004 1/23/18 Amendment to Section 3.7

Resolution No. 18-017 4/10/18 Added Section 12

3 1. Authority

1.1 General Law City: General Law of the State of California provides that the City of Hercules City Council may determine its own rules of procedure. The following set of rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules adopted in the manner provided by these rules.

1.1 Related Documents: This procedures manual provides a summary of important aspects of City Council activities. However, it cannot incorporate all material and information necessary for undertaking the business of a city council. Many other laws, policies, plans, and documents exist which guide the City Council. Related documents:

1.2.1 Hercules Municipal Code

1.2.2 Hercules Conflict of Interest Resolution

1.2.3 Hercules Ethics Policy Resolution

1.2.4 Hercules Anti-Nepotism Ordinance

1.2.5 Hercules Zoning Ordinance

1.2.6 Hercules General Plan and Specific Plans

1.2.7 California Constitution and Laws

1.2.8 California Open Meeting Laws (The Ralph M. Brown Act)

1.2.9 California Political Reform Act

1.2.10 United States Constitution and Laws

2. General Rules

2.1 Meetings to be Public : All official meetings of the Council shall be open to the public, except where State or local l aw allows Closed Sessions for certain limited topics. The minutes from open session shall be open to public inspection in accordance with the provisions of the State of California Open Meetings Law (Ralph M. Brown Act). Recordings of City Council Meetings shall be retained as per the requirements of the City’s adopted Retention Schedule.

2.2. Quorum: Three members of the Council shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time.

2.3 Compelling Attendance : City Councilmembers are expected to attend all scheduled meetings. If absence is unavoidable, the City Manager, City Clerk, or Mayor shall be notified.

2.4 Teleconferencing: Pursuant to the Ralph M. Brown Act provisions pertaining to meeting requirements as amended from time to time, remote attendance may be allowed in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by roll call. At least a quorum of the Council must participate from teleconferencing locations within the city’s jurisdiction. Each teleconference location must be identified in the notice and agenda of the meeting. Agendas must be posted at

4 each teleconference location, and each location must be accessible to the public. The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.

2.5 Council Meeting Minutes: Minutes of all proceedings of the Council shall be kept by the City Clerk and shall be entered in a book constituting part of the official record of the Council.

2.6 Ordinances: An ordinance is limited to one topic, which shall be clearly stated in its title, except for an appropriations ordinance, an ordinance adopting or embodying an administrative or governmental code, or an ordinance adopting a code of ordinances.

2.7 City Manager: The City Manager shall attend all meetings of the Council unless excused by the Mayor with the consent of the Council. The City Manager shall designate at his/her discretion, staff representatives to Subcommittees and Commission meetings.

2.8 City Attorney: The City Attorney shall attend all regular mee tings of the Council unless excused by the Mayor with the consent of the Council and shall attend special meetings and Council workshops upon request. The City Attorney shall also attend meetings of the City Commissions at the request of the City Council or on an as -needed basis. The City Attorney shall act as the Council’s parliamentarian.

The City Attorney shall render legal opinions, either written or oral, on questions of law.

Individual members of the City Council may consult with the City Attorney regarding legal issues pertaining to City business, and may request written legal advice regarding a potential conflict of interest which may affect that council member’s ability to participate in an upcoming decision.

All City Attorney responses to council member legal inquiries requiring a substantial commitment of City Attorney time must be provided in writing to all members of the City Council. A ll staff legal inquiries requiring a substantial commitment of City Attorney time must be authorized by the City Manager.

The City Attorney should do no work on a policy proposal from one or more members of the Council that would require a substantial commitment of City Attorney time when the consideration of such a proposal has not been discussed by the full Council.

2.9 City Clerk : The City Clerk or his/her delegate shall attend all meetings of the Council unless excused by the City Manager and shall keep the official minutes and perform such other duties as may be requested by the Council.

2.10 Officers and Employees: Department Directors of the City, when there is pertinent business from their departments on the Council agenda, shall attend such Council meetings upon direction from the City Manager.

2.11 Rules of Order : The latest authorized edition of “Roberts Rules of Order” shall be adopted and govern the proceedings of Council Meetings where they are not in conflict with these rules.

5 2.12 Rules of Debate:

2.12.1 Mayor May Debate: The Mayor may debate from the chair, subject only to such limitations of debate as are imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of that person serving as Mayor.

2.12.2 Getting the Floor - Improper References to be avoided : A member desi ring to speak shall address the Chair, who is in most instances the Mayor, and upon recognition by the presiding officer, shall confine comments to the question under debate. Subject to the discretion of the Chair, the order for Council comment is for the Council Members to be recognized first, followed by the Vice Mayor, and lastly, the Mayor.

2.12.3 Interruptions: A member, once recognized by the chair, shall not be interrupted when speaking unless it is to call a member to order, or as herein otherwise provided. If a member, while speaking, were called to order, that member shall cease speaking until the question of order is determined, and, if in order, the member shall be permitted to proceed.

2.12.4 Motion to Reconsider: A motion to reconsider any action taken by the Council may be made either during the same session, or at a recessed or adjourned session thereof. Such motion must be made and seconded by one of the prevailing sides, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable.

Nothing herein shall be construed to prevent the Council or the City Manager or City Attorney from reconsidering at a subsequent meeting an action previously taken by the Council, upon a showing of changed circumstances or on the basis of new information, as long as the matter is properly agendized for discussion.

3. Types of Meetings

3.1 Regular Meeting : The Council shall meet in the Council Chambers for Regular and Adjourned meetings. Regular Council Meetings are to commence at 7:00 p.m., on the second and fourth Tuesday of each month, unless otherwise specified at least two (2) weeks in advance.

No Council meeting will be held in the event that a regular meeting of the Council falls on a City observed/recognized holiday.

3.2 Special Meetings: Special meetings may be called by the Mayor or by a majority of the members of the Council. The call for a special meeting shall be filed with the City Clerk in written form, which should be si gned by the Mayor or those members calling for a special meeting except that an announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour, and the location of the special meeting, shall list the subject or subjects to be considered, and shall be delivered to each member of the Council, to each media outlet requesting notice, and posted on the City’s local Internet Web site. It is the policy of the City of Hercules that when possible, 72 hour notice be provided for special

6 meetings but in no event shall notice be less than 24 hours. Only such business may be transacted at a special meeting as may be listed in the call for said meeting or an incident thereto.

3.3 Emergency Meetings: An emergency meeting may be called pursuant to the requirements of the Brown Act as amended from time to time, when a majority of the legislative body determines that an emergency situation exists. At least one hour prior to the meeting, telephonic notice must be provided to all Council Members as well as all media outlets, which have requested that they receive notice of special meetings called pursuant to Government Code Section 54956.5, except in the case of a “dire emergency” as defined in California Government Code Sec. 54956.5(a)(2).

Emergency meetings may be held in closed session as the Government Code allows.

3.4 Adjourned Meetings : Any meeting of the Council may be adj ourned to a later date and time, provided that no adjournment shall be for a longer period than until the next Regular Meeting.

3.5 Workshops: The Council may meet informally in Workshops (open to the public), at the call of the Mayor or a majority of th e Council. Any workshop shall be noticed and conducted in the same manner as a R egular Council meeting. A workshop is for discussion only; no action can be taken by the Council.

3.6 Closed Sessions: Closed Sessions or closed meetings may only be held in ac cordance with the exceptions to open meeting requirements contained in the provisions of the Ralph M. Brown Act. Topics that may be discussed include: (1) personnel matters, (2) c onsideration of price and terms of payment related to the acquisition of property for public purposes or the sale or lease of public property, (3) potential or pending litigation in which the City has an interest.

3.7 Adjournment of Meetings: All regular City Council Meetings shall end no later than 11:30 p.m. with no new business beginning after 11:00 p.m. except that Future Agenda Item requests may be made and discussed after 11:00 p.m. An Agenda item which has commenced consideration before 11:00 p.m. shall be completed prior to adjournment. Upon completion of that item, the meeting shall be adjourned. Any matter appearing on the Agenda of a meeting which is adjourned prior to being considered will be placed on the Agenda of the next regular meeting.

4. Chairperson and Duties

4.1 Chairperson: The Chair of City Council meetings shall be the Mayor and in his/her absence, the Vice Mayor. In the absence of both the Mayor and the Vice Mayor, the Council Member with seniority based on continuous service shall act as the temporary Chair. City Council S ub- committees and Commissions shall elect a Chair and Vice Chair annually.

4.2 Call to Order : The Mayor shall call the meetings of the Council to order or by the Vice Mayor in his/her absence. In the absence of both, the senior Council Member based on continuous service who shall act as the temporary Chair shall call the meeting to order.

7 4.3 Preservation of Order : The Mayor shall preserve order and decorum among Council Members; prevent attacks on personalities or the impugning of members’ motives, and confine members in debate to the question under discussion.

4.4 Points of Order : By tradition, the Mayor speaks last during discussion of an agenda item.

The Mayor shall determine all points of order, subject to the right of any member to request a vote of the entire City Council on the questions whether the determination of the Mayor should be sustained.

4.5 Questions to be stated: The Mayor shall re- state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member.

4.6 Substitution for Chairperson: The Mayor may call on the Vice Mayor to temporarily chair the meeting to cover a temporary absence. Such substitution should not continue beyond adjournment.

4.7 Rights of Council to Discipline: A deliberate bod y has the inherent right to make and enforce its own rules and laws , including rules providing for the discipline of a member of the deliberative body.

The City Council shall have a right to discipline, admonish, and censure a member where a standard majority of the Council finds that actions of a member are detrimental to the City of Hercules. Such discipline, after the Council duly notices and publicly conducts a hearing, can include admonishment and in more serious cases, public censure. As a rule, the City Council has no right to go beyond what is necessary for its self-protection.

4.8 City Council Leadership and Expectations : It is the policy and practice of the City Council that each year the City Council shall select a Mayor and Vice Mayor. For every election cycle, the City Council Members receiving the highest and the second highest number of votes will be identified. These City Council Members shall be selected by the City Council to rotate into the position of Mayor during the third and fourth year of their terms respectively. The Council Member receiving the highest number of votes shall serve as Mayor during the third year of his/her term and the Council Member receiving the second highest number of votes shall serve in the fourth year of his/her term. The herein selection process shall be followed in all instances unless a Council Member is denied the honor of serving as Mayor or Vice Mayor pursuant to subsection 4.8.4.

4.8.1 Inability to Serve as Mayor or Vice Mayor: In the event of a death or removal from office, the City Council shall determine who shall serve as the Mayor or Vice Mayor for the term vacated based upon the rotation described in 4.8 above.

4.8.2 Appointment of Vice Mayor to Mayor : Upon completion of term as Vice Mayor, City Council shall appoint the Vice Mayor as Mayor for a term of one (1) year.

8 4.8.3 Declining Position of Mayor or Vice Mayor : If a Council Member declines to accept the position of Mayor or Vice Mayor pursuant to the selection process in this Section

4.8, then the City Clerk will request alternative nominations for Mayor and/or Vice Mayor from the Council. A Council Member nominated by this process must receive confirmation by a majority of the Council Members to serve in the capacity of Mayor or Vice Mayor.

4.8.4 Vote of No Confidence: A Council Member may be denied the honor of serving as Mayor or Vice Mayor by the Council upon a unanimous vote of no confidence by the rest of the Council based on a serious offense or violation of the law that reflects negatively on t he City and its residents.

4.8.5 Mayor’s Duties: The Mayor shall be the official head of the City for all ceremonial purposes and shall be the presiding officer at City Council meetings. The Mayor shall assume his/her duties immediately upon the election of the City Council officers at the City Council’s reorganization meeting

4.8.6 Mayor’s Powers: In presiding at a City Council meeting, the Mayor shall facilitate and guide the meeting, preserve order and decorum, and ensure that the meeting runs smoothly, fairly and in accordance with these Rules and Procedures. The Mayor shall exercise the power to limit the time of any person speaking from the floor consistent with the Council’s Rules, state questions coming before the City Council, announce its decisi on on all subjects and decide all questions of order, subject, however, to an appeal to the City Council, as a whole. In the event of an appeal to the City Council as a whole, a majority vote shall govern and conclusively determine questions of order. The Mayor may make motions, vote or abstain on all motions. The Mayor, or if the Mayor is unavailable, the Vice -Mayor, shall sign all ordinances, resolutions and other documents adopted and approved by the City Council, unless the City Council designates other wise. Traditionally, the Mayor has also been assigned by the City Council to consult and coordinate with the City Manager in the development of agendas for meetings of the City Council. The scope of such review focuses on the timing of business items and the volume of business that can be considered at any one meeting. Such review does not allow for a unilateral unlimited delay of items to be considered by the Council or the introduction of new items not otherwise part of the Council’s identified priorities or staff’s work plan. The staff maintains a “tentative” Council Calendar that identifies when matters will likely be considered at future meetings.

5. Order of Business and Agenda

5.1 Order of Business : Shall be as in the agenda prepared by City Cler k, in substantial compliance with the following forms:

CITY COUNCIL AGENDA

I. CLOSED SESSION– CALL TO ORDER – ROLL CALL

II. PUBLIC COMMUNICATIONS – CLOSED SESSION AGENDA ITEMS

9 III. CONVENE INTO CLOSED SESSION

IV. REGULAR MEETING - RECONVENE TO OPEN SESSION – ROLL CALL

V. REPORT ON ACTION TAKEN IN CLOSED SESSION

VI. PLEDGE OF ALLEGIANCE

VII. MOMENT OF SILENCE

VIII. INTRODUCTIONS/PRESENTATIONS/COMMISSION REPORTS

IX. AGENDA ADDITIONS/DELETIONS

X. PUBLIC COMMUNICATIONS

XI. PUBLIC HEARINGS

XII. CONSENT CALENDAR

XIII. DISCUSSION AND/OR ACTION ITEMS

XIV. PUBLIC COMMUNICATIONS

XV. CITY COUNCIL AND CITY MANAGER/CITY ATTORNEY ANNOUNCEMENTS,

COMMITTEE, SUB-COMMITTEE AND INTERGOVERNMENTAL COMMITTEE

REPORTS, AND FUTURE AGENDA ITEMS

XVI. ADJOURNMENT

5.2 Agenda: The City Clerk shall as contained in the Agenda prepare the order of business of each meeting. The Agenda shall be a listing by topic of subjects to be considered by the Council, and shall be delivered to members of the Council prior to the m eeting to which it pertains, and within the time frame established by the Brown Act.

An item may be placed on a Council meeting agenda by any of the following methods:

(1) A Council Member may request an item be considered on a future agenda and, upon agreement of a majority of the Council, staff will prepare a staff report if formal Council action is required. Council Members may make this request during a meeting under Section XV. The process involves two steps: initial consideration of the request by the full Council and, if a majority agrees, the matter is then scheduled for further consideration on an upcoming meeting agenda, or placed on the Council’s pending items list with no specific date set.

10 (2) By the City Manager

(3) By the City Attorney

The Agenda Committee composed of the Mayor, City Manager, City Attorney, and City Clerk shall meet bi-weekly to plan the scheduling and order of the agenda for future Council meetings.

5.3 Presentation by Members of Council : The Council shall have time to deliberate when the Mayor or any Council Member brings before the Council any business that he/she feels is appropriate for Council deliberation. These matters need not be specifically listed on the Agenda, but formal action on such matters shall be def erred until a subsequent Council meeting.

Immediate action may be taken upon determination by a majority vote of the Council if the issue qualifies as an “emergency situation” as defined in the Ralph M. Brown Act.

5.4 Process for Addressing Agenda Action Items before the City Council

• Mayor reads the agenda item
• Staff presents their report
• Council questions staff
• Public Comments are heard (if a public hearing is required, the public hearing will be opened, public comments taken, and the public hearing closed.) • Council discusses item
• A motion is made and seconded
• Final Council discussion
• Council votes or provides direction to staff

5.5 Reading of Minutes : Minutes belong to the City Council/Board of Directors. Unless a member of the Council requests a reading of the minutes of a Council meeting, such minutes may be approved without reading if the City Clerk previously furnished each member with a copy thereof. On Consent Calendar, approval of minutes shall be by a standard majority vote and items can be pulled for discussion and reinserted or pulled for discussion and a separate vote taken.

5.6 Process for Requesting Changes to the Minutes : Requests for non- material changes and challenges to material points should be directed to the City Manager or appropriate staff after the minutes have been pulled for discussion pursuant to Section 5.5. Challenges to material points should be presented to the City Manager and the City Clerk shall review the recording of the meeting in question prior to the next r egularly scheduled meeting where the results of the review will be reported by the City Manager. Action items cannot be rescinded, but can be pulled at the meeting for further discussion and direction.

11 6. Ordinances

6.1 Effective Date:

Pursuant to California Government Code Sec. 36937, ordinances take effect 30 days after their final passage. An ordinance takes effect immediately, if it is an ordinance:

(a) Relating to an election.

(b) For the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the council.

(c) Relating to street improvement proceedings.

(d) Related to taxes for the usual and current expenses of the city.

(e) Covered by particular provisions of law prescribing the manner of its passage and adoption.

6.2 Reading by Title Only : Upon being introduced, each proposed ordinance shall be read by title only, with further reading waived unless any member of the Council request s a full reading of the ordinance.

6.3 Majority Vote Required : Resolutions, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the Council, pursuant to Government Code Section 36936. A motion, or any other proposition may be adopted by a majority voting on the issue except as otherwise specified by City Ordinance or State Statutes. When any vote is called, each Council Member shall respond “yes (aye),” “no”, “abstain”, or “pass”. Any Council Member who responds, “pass” will be given the opportunity at the end of the roll call to change their vote. Any “pass” response not changed shall be recorded as an abstention. A Council Member shall recuse himself or herself from a vote if required to do so by State conflict of interest laws, pursuant to the process provided under state law.

6.4 Requests for Preparation of Ordinances or Issuance of Legal Opinions: Any member of the City Council, with the approval of a majority of the Council, may request the City Manager to place the proposed adoption of an ordinance or resolution on the City Council agenda for discussion purposes. The City Attorney shall review proposed ordinances and resolutions for form and provide legal advice prior to and during discussion, consideration, and adoption by the City Council.

12 All ordinances and resolutions prepared by the City Attorney shall be provided to the City Manager, who shall distribute them to all members of the City Council so that they may be fully informed of the status of City affairs.

7. Creation of Committees, Boards and Commissions

7.1 Citizen Committees, Boards and Commissions : The Council may create committees, boards, sub- committees and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify which are consistent with the City Code.

7.2 Membership and Selections : Membership and selection of members shall be as provided by the Council if not specified by the City Code. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council. No committee so appointed shall have powers other than advisory to t he Council or to the City Manager, except as otherwise specified by the City Code.

7.3 Removal of Members of Boards and Commissions : The Council may remove any member of any board or commission which it has created or as created by the City Code by a vote of at least a majority of the Council.

7.4 Subcommittees - Operation of City Council Subc ommittees: The City Council shall utilize the subcommittee process to assist the work of staff and to conduct preliminary policy evaluation for purpose of recommendation to the full City Council. Such subc ommittee shall have no authority to resolve and act on policy issues and shall not act as a committee of the whole Council. With the exception of urgency items and personnel issues, notice of a scheduled subcommittee meeting shall be posted not less than 72 hours prior to the scheduled subcommittee meeting. Such notice shall include the date, time, location and item to be discussed. In addition, the subc ommittee shall cause a summary of the discussion held to be provided to all Council Members and appropriate staff. Any formal recommendation of the subcommittee to the full Council shall be in writing. A Council subcommittee is considered a standing committee subject to open meeting requirements, unless it meets the “ad hoc committee” exception under the Brown Act.

8. Citizens’ Rights

8.1 Public Comment: Any person desiring to address the Council, Commission, Subcommittee or other dul y established body shall first present a speaker's card to the Chair and shal l be recognized by the Chair. No person, other than members of the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council. No questions shall be asked the Council Members, except through the Mayor or presiding officer.

13 8.2 Time Limits on Speakers: Disruptive Conduct : The Mayor or presiding officer may establish reasonable limits on the amount of time allocated for public comment on particular issues and for each i ndividual speaker. In addition, the Mayor or presiding officer may rule a speaker to be out of order if that speaker engages in disorderly conduct, which disrupts, disturbs or otherwise impedes the orderly conduct of City Council business by, among other things: a) uttering threatening or abusive language , b) speaking in excess of the time limits established by the Mayor or presiding officer, or c) repeatedly attempting to enter into discussion with staff, Council Members, or other members of the public.

8.3 Written Communications: Interested parties, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City’s business or over which the Council has control at any time by direct mail, email, or by addressing the City Clerk, who will distribute copies to the Council Members.

9. Regional Appointments

9.1 Appointments to Regional Committees: In December of each year, the Mayor shall review the appointments to all regional committees and make appointments, as necessary, at the Council’s first meeting in January of each year. The Mayor shall consult with members of the Council to discuss their availability to participate in various regional committees.

9.2 Appointments to City Subc ommittees: In December of each year, the Mayor shall review appointments to all City Council subcommittees and make appointments, as necessary, at the Council’s first meeting in January of each year. The Mayor shall consult with members of the Council to discuss their availability to participate in City Council subcommittees.

10. Amendments

10.1 Amendment of These Rules : These rules may be amended, or new rules adopted, by a majority vote of all members of the Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting.

11. Rules of Conduct

11.1 Council Members should be prepared for all meetings by reading and reviewing the material provided to them.

11.2 Members of the City Council s hould be aware that all information covered in Closed Session is confidential and not for public discussion.

11.3 Council Members are encouraged to set up appointments with the City Manager, Department Heads and staff, if possible. The Non- Interference Clause, Section 2 -3.1-5 of the Municipal Code should always be considered when working with staff at City Hall.

14 11.4 Council Members conduct when attending meetings, as a representative of the City of Hercules, should always reflect the highest standards.

11.5 Members of the City Council should remember that they are representing the City of Hercules when attending events, not just themselves.

11.6 Council Members should be cognizant of the funds allocated to them within the City’s budget and not use more than their allocated amount for trips and events so that other member’s allocations will not be impacted.

11.7 In addition to the Rules of Conduct herein, Council Members shall follow the requirements of City’s Ethics Policy, adopted May 28, 2013, as Re solution No. 13- 051, attached hereto and incorporated herein by reference.

12. Legislative Process and Taking Positions

12.1 Limitations on resources and staffing constrain the City’s level of involvement in state legislative matters, initiatives and ballot measures.

12.2 In consideration of the limitations on resources and staffing, the City Council shall not consider or take positions on legislation, ballot measures, or issues of interest or concern that would not result in a direct tangible benefit to Hercules.

12.3 The City Manager or City Attorney may identify legislation or issues of direct local importance, impact, or benefit, or where the City of Hercules taking a position would be inordinately influential such as when a local legislative repres entative is the author or co- author of a measure, which in his or her opinion necessitates or warrants the City taking a position. In these limited instances, the City Manager or City Attorney may author a letter to be signed by the Mayor or Vice Mayor, as appropriate. The City Council shall be copied on any correspondence initiated through this process.

12.4 Matters may still be considered by the City Council as a whole to express an official position of the City upon request of the City Manager or City Attorney or as part of the process for placing matters on the Council agenda by the City Council specified in Section 5.2.

12.5 Individual City Council members may author letters supporting or opposing legislation, ballot measures, initiatives, or other issues of interest using City letterhead in their individual capacity, in which case language must be included that clearly states the correspondence does not reflect the official position of the City or the City Council as a whole.

Attachments:

1. Resolution No. 13-051 Ethics Policy

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