Rosenberg's Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
LEAGUE®
OF CALIFORNIA
CITIES
MISSION AND CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
VISION
To be recognized and respected as the leading advocate for the common interests of California's cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California's incorporated cities.
The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents. In addition to advocating on cities behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.
About tHe AUTHOr
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
II
TABLE OF CONTENTS
About the Author.... ......ii
Introduction .......2
Establishing a Quorum ...2
The Role of the Chair ..2
The Basic Format for an Agenda Item Discussion ...2
Motions in General.. ...3
The Three Basic Motions. ..3
Multiple Motions Before the Body.. ..4
To Debate or Not to Debate.. ...4
Majority and Super-Majority Votes ..5
Counting Votes.. ...5
The Motion to Reconsider.. ...6
Courtesy and Decorum ......7
Special Notes About Public Input. ..7
1 INTRODUCTION
The rules of procedure at meetings should be simple enough for Establishing a Quorum most people to understand. Unfortunately, that has not always been The starting point for a meeting is the establishment of a quorum. the case. Virtually all clubs, associations, boards, councils and bodies A quorum is defined as the minimum number of members of the follow a set of rules — Robert's Rules of Order - which are embodied body who must be present at a meeting for business to be legally in a small, but complex, book. Virtually no one I know has actually transacted. The default rule is that a quorum is one more than half read this book cover to cover. Worse yet, the book was written for the body. For example, in a five-member body a quorum is three. another time and for another purpose. If one is chairing or running When the body has three members present, it can legally transact a parliament, then Robert's Rules of Order is a dandy and quite useful business. If the body has less than a quorum of members present, it handbook for procedure in that complex setting. On the other hand cannot legally transact business. And even if the body has a quorum if one is running a meeting of say, a five-member body with a few to begin the meeting, the body can lose the quorum during the members of the public in attendance, a simplified version of the rules meeting when a member departs (or even when a member leaves the of parliamentary procedure is in order. dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished
Hence, the birth of Rosenberg's Rules of Order.
What follows is my version of the rules of parliamentary procedure, The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of based on my decades of experience chairing meetings in state and a particular five-member body may indicate that a quorum is four local government. These rules have been simplified for the smaller members for that particular body. The body must follow the rules it bodies we chair or in which we participate, slimmed down for the has established for its quorum. In the absence of such a specific rule, 21st Century, yet retaining the basic tenets of order to which we have the quorum is one more than half the members of the body. grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and The Role of the Chair private corporations and companies have adopted Rosenberg's Rules While all members of the body should know and understand the in lieu of Robert's Rules because they have found them practical, rules of parliamentary procedure, it is the chair of the body who is logical, simple, easy to learn and user friendly. charged with applying the rules of conduct of the meeting. The chair This treatise on modern parliamentary procedure is built on a should be well versed in those rules. For all intents and purposes, the foundation supported by the following four pillars: chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by
1. Rules should establish order. The first purpose of rules of the body itself. parliamentary procedure is to establish a framework for the orderly conduct of meetings. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion
2. Rules should be clear. Simple rules lead to wider understanding than other members of the body. This does not mean that the chair and participation. Complex rules create two classes: those should not participate in the debate or discussion. To the contrary, as who understand and participate; and those who do not fully a member of the body, the chair has the full right to participate in the understand and do not fully participate. debate, discussion and decision-making of the body. What the chair
3. Rules should be user friendly. That is, the rules must be simple should do, however, is strive to be the last to speak at the discussion enough that the public is invited into the body and feels that it and debate stage. The chair should not make or second a motion has participated in the process. unless the chair is convinced that no other member of the body will do so at that point in time.
4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision The Basic Format for an Agenda Item Discussion making by the body. In a democracy, majority rules. The rules Formal meetings normally have a written, often published agenda. must enable the majority to express itself and fashion a result, Informal meetings may have only an oral or understood agenda. In while permitting the minority to also express itself, but not either case, the meeting is governed by the agenda and the agenda dominate, while fully participating in the process. constitutes the body's agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:
2 First, the chair should clearly announce the agenda item number and Ninth, the chair takes a vote. Simply asking for the "ayes" and then should clearly state what the agenda item subject is. The chair should asking for the "nays" normally does this. If members of the body do then announce the format (which follows) that will be followed in not vote, then they "abstain." Unless the rules of the body provide considering the agenda item. otherwise (or unless a super majority is required as delineated later Second, following that agenda format, the chair should invite the in these rules), then a simple majority (as defined in law or the rules appropriate person or persons to report on the item, including any of the body as delineated later in these rules) determines whether the motion passes or is defeated.
recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a Tenth, the chair should announce the result of the vote and what committee chair charged with providing input on the agenda item. action (if any) the body has taken. In announcing the result, the chair Third, the chair should ask members of the body if they have any should indicate the names of the members of the body, if any, who technical questions of clarification. At this point, members of the voted in the minority on the motion. This announcement might take body may ask clarifying questions to the person or persons who the following form: "The motion passes by a vote of 3-2, with Smith reported on the item, and that person or persons should be given and Jones dissenting. We have passed the motion requiring a 10-day time to respond. notice for all future meetings of this body" Fourth, the chair should invite public comments, or if appropriate at Motions in General a formal meeting, should open the public meeting for public input.
If numerous members of the public indicate a desire to speak to Motions are the vehicles for decision making by a body. It is usually the subject, the chair may limit the time of public speakers. At the best to have a motion before the body prior to commencing conclusion of the public comments, the chair should announce that discussion of an agenda item. This helps the body focus. public input has concluded (or the public hearing, as the case may be, Motions are made in a simple two-step process. First, the chair is closed). should recognize the member of the body. Second, the member Fifth, the chair should invite a motion. The chair should announce of the body makes a motion by preceding the member's desired the name of the member of the body who makes the motion. approach with the words "I move..." Sixth, the chair should determine if any member of the body wishes A typical motion might be: "I move that we give a 10-day notice in to second the motion. The chair should announce the name of the the future for all our meetings" member of the body who seconds the motion. It is normally good The chair usually initiates the motion in one of three ways:
practice for a motion to require a second before proceeding to
1. Inviting the members of the body to make a motion, for ensure that it is not just one member of the body who is interested example, "A motion at this time would be in order."
in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote 2. Suggesting a motion to the members of the body, "A motion on a motion even when there is no second. This is a matter left to the would be in order that we give a 10-day notice in the future for all discretion of the chair. our meetings."
Seventh, if the motion is made and seconded, the chair should make 3. Making the motion. As noted, the chair has every right as a sure everyone understands the motion. member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is This is done in one of three ways:
convinced that no other member of the body is willing to step
1. The chair can ask the maker of the motion to repeat it; forward to do so at a particular time.
2. The chair can repeat the motion; or
The Three Basic Motions
3. The chair can ask the secretary or the clerk of the body to repeat the motion. There are three motions that are the most common and recur often at meetings:
Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has The basic motion. The basic motion is the one that puts forward a ended, the chair should announce that the body will vote on the decision for the body's consideration. A basic motion might be: "I motion. If there has been no discussion or very brief discussion, then move that we create a five-member committee to plan and put on the vote on the motion should proceed immediately and there is no our annual fundraiser." need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
3 The motion to amend. If a member wants to change a basic motion First, the chair would deal with the third (the last) motion on the that is before the body, they would move to amend it. A motion floor, the substitute motion. After discussion and debate, a vote to amend might be: "I move that we amend the motion to have a would be taken first on the third motion. If the substitute motion 10-member committee." A motion to amend takes the basic motion passed, it would be a substitute for the basic motion and would that is before the body and seeks to change it in some way. eliminate it. The first motion would be moot, as would the second The substitute motion. If a member wants to completely do away motion (which sought to amend the first motion), and the action on with the basic motion that is before the body, and put a new motion the agenda item would be completed on the passage by the body of before the body, they would move a substitute motion. A substitute the third motion (the substitute motion). No vote would be taken on motion might be: "I move a substitute motion that we cancel the the first or second motions. annual fundraiser this year." Second, if the substitute motion failed, the chair would then deal "Motions to amend" and "substitute motions" are often confused, but with the second (now the last) motion on the floor, the motion they are quite different, and their effect (if passed) is quite different. to amend. The discussion and debate would focus strictly on the A motion to amend seeks to retain the basic motion on the floor, but amendment (should the committee be five or 10 members). If the modify it in some way. A substitute motion seeks to throw out the motion to amend passed, the chair would then move to consider the basic motion on the floor, and substitute a new and different motion main motion (the first motion) as amended. If the motion to amend for it. The decision as to whether a motion is really a "motion to failed, the chair would then move to consider the main motion (the amend" or a "substitute motion" is left to the chair. So if a member first motion) in its original format, not amended. makes what that member calls a "motion to amend" but the chair Third, the chair would now deal with the first motion that was placed determines that it is really a "substitute motion," then the chair's on the floor. The original motion would either be in its original designation governs. format (five-member committee), or if amended, would be in its A "friendly amendment" is a practical parliamentary tool that is amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the plan and put on the annual fundraiser. discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some To Debate or Not to Debate members. When that happens, a member who has the floor may The basic rule of motions is that they are subject to discussion and simply say, "I want to suggest a friendly amendment to the motion." debate. Accordingly, basic motions, motions to amend, and substitute The member suggests the friendly amendment, and if the maker and motions are all eligible, each in their turn, for full discussion before the person who seconded the motion pending on the floor accepts and by the body. The debate can continue as long as members of the the friendly amendment, that now becomes the pending motion on body wish to discuss an item, subject to the decision of the chair that the floor. If either the maker or the person who seconded rejects the it is time to move on and take action. proposed friendly amendment, then the proposer can formally move There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the Multiple Motions Before the Body body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair There can be up to three motions on the floor at the same time. must immediately call for a vote of the body without debate on the The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This Motion to adjourn. This motion, if passed, requires the body to rule has practical value. More than three motions on the floor at immediately adjourn to its next regularly scheduled meeting. It any given time is confusing and unwieldy for almost everyone, requires a simple majority vote.
including the chair.
Motion to recess. This motion, if passed, requires the body to When there are two or three motions on the floor (after motions and immediately take a recess. Normally, the chair determines the length seconds) at the same time, the vote should proceed first on the last of the recess which may be a few minutes or an hour. It requires a motion that is made. For example, assume the first motion is a basic "motion to have a five-member committee to plan and put on our simple majority vote. annual fundraiser." During the discussion of this motion, a member Motion to fix the time to adjourn. This motion, if passed, requires might make a second motion to "amend the main motion to have a the body to adjourn the meeting at the specific time set in the 10-member committee, not a five-member committee to plan and motion. For example, the motion might be: "I move we adjourn this put on our annual fundraiser." And perhaps, during that discussion, a meeting at midnight." It requires a simple majority vote. member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as follows:
Motion to table. This motion, if passed, requires discussion of the Motion to close nominations. When choosing officers of the agenda item to be halted and the agenda item to be placed on "hold." body (such as the chair), nominations are in order either from a The motion can contain a specific time in which the item can come nominating committee or from the floor of the body. A motion to back to the body. "I move we table this item until our regular meeting close nominations effectively cuts off the right of the minority to in October." Or the motion can contain no specific time for the nominate officers and it requires a two-thirds vote to pass. return of the item, in which case a motion to take the item off the Motion to object to the consideration of a question. Normally, such table and bring it back to the body will have to be taken at a future a motion is unnecessary since the objectionable item can be tabled or meeting. A motion to table an item (or to bring it back to the body) defeated straight up. However, when members of a body do not even requires a simple majority vote.
want an item on the agenda to be considered, then such a motion is Motion to limit debate. The most common form of this motion is to in order. It is not debatable, and it requires a two-thirds vote to pass. say, "I move the previous question" or "I move the question" or "I call Motion to suspend the rules. This motion is debatable, but requires the question" or sometimes someone simply shouts out "question." a two-thirds vote to pass. If the body has its own rules of order, As a practical matter, when a member calls out one of these phrases, conduct or procedure, this motion allows the body to suspend the the chair can expedite matters by treating it as a "request" rather rules for a particular purpose. For example, the body (a private club) than as a formal motion. The chair can simply inquire of the body, might have a rule prohibiting the attendance at meetings by non-club "any further discussion?" If no one wishes to have further discussion, members. A motion to suspend the rules would be in order to allow then the chair can go right to the pending motion that is on the floor. a non-club member to attend a meeting of the club on a particular However, if even one person wishes to discuss the pending motion date or on a particular agenda item.
further, then at that point, the chair should treat the call for the "question" as a formal motion, and proceed to it.
Counting Votes
When a member of the body makes such a motion ("I move the The matter of counting votes starts simple, but can become previous question"), the member is really saying: "I've had enough complicated.
debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to Usually, it's pretty easy to determine whether a particular motion limit debate. The motion to limit debate requires a two-thirds vote of passed or whether it was defeated. If a simple majority vote is needed the body. to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in NOTE: A motion to limit debate could include a time limit. For favor and two opposed, the motion passes. If it is two in favor and example: "I move we limit debate on this agenda item to 15 minutes." three opposed, the motion is defeated.
Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to If a two-thirds majority vote is needed to pass a motion, then how consideration of an item. This motion is not debatable, and if passed, many affirmative votes are required? The simple rule of thumb is to precludes the body from even considering an item on the agenda. It count the "no" votes and double that count to determine how many also requires a two-thirds vote. "yes" votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote "no" then the "yes" vote Majority and Super Majority Votes of at least four members is required to achieve a two-thirds majority vote to pass the motion.
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of What about tie votes? In the event of a tie, the motion always fails since 4-3 passes the motion. A vote of 3-3 with one abstention means the an affirmative vote is required to pass any motion. For example, in a motion fails. If one member is absent and the vote is 3-3, the motion five-member body, if the vote is two in favor and two opposed, with still fails. one member absent, the motion is defeated.
All motions require a simple majority, but there are a few exceptions. Vote counting starts to become complicated when members The exceptions come up when the body is taking an action which vote "abstain" or in the case of a written ballot, cast a blank (or effectively cuts off the ability of a minority of the body to take an unreadable) ballot. Do these votes count, and if so, how does one action or discuss an item. These extraordinary motions require a count them? The starting point is always to check the statutes. two-thirds majority (a super majority) to pass: In California, for example, for an action of a board of supervisors to Motion to limit debate. Whether a member says, "I move the be valid and binding, the action must be approved by a majority of the previous question," or "I move the question," or "I call the question," board. (California Government Code Section 25005.) Typically, this or "I move to limit debate," it all amounts to an attempt to cut off the means three of the five members of the board must vote affirmatively ability of the minority to discuss an item, and it requires a two-thirds in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in 5 California, as another example, resolutions or orders for the payment of Now, exactly how does a member cast an "abstention" vote? money and all ordinances require a recorded vote of the total members Any time a member votes "abstain" or says, "I abstain," that is an of the city council. (California Government Code Section 36936.) Cities abstention. However, if a member votes "present" that is also treated with charters may prescribe their own vote requirements. Local elected as an abstention (the member is essentially saying, "Count me for officials are always well-advised to consult with their local agency purposes of a quorum, but my vote on the issue is abstain.") In fact, counsel on how state law may affect the vote count. any manifestation of intention not to vote either "yes" or "no" on After consulting state statutes, step number two is to check the rules the pending motion may be treated by the chair as an abstention. If of the body. If the rules of the body say that you count votes of "those written ballots are cast, a blank or unreadable ballot is counted as an present" then you treat abstentions one way. However, if the rules of abstention as well. the body say that you count the votes of those "present and voting," Can a member vote "absent" or "count me as absent?" Interesting then you treat abstentions a different way. And if the rules of the question. The ruling on this is up to the chair. The better approach is body are silent on the subject, then the general rule of thumb (and for the chair to count this as if the member had left his/her chair and default rule) is that you count all votes that are present and voting" is actually "absent." That, of course, affects the quorum. However, the Accordingly, under the "present and voting" system, you would NOT chair may also treat this as a vote to abstain, particularly if the person count abstention votes on the motion. Members who abstain are does not actually leave the dais. counted for purposes of determining quorum (they are "present"), but you treat the abstention votes on the motion as if they did not The Motion to Reconsider exist (they are not "voting"). On the other hand, if the rules of the There is a special and unique motion that requires a bit of body specifically say that you count votes of those "present" then you explanation all by itself; the motion to reconsider. A tenet of DO count abstention votes both in establishing the quorum and on parliamentary procedure is finality. After vigorous discussion, debate the motion. In this event, the abstention votes act just like "no" votes. and a vote, there must be some closure to the issue. And so, after a How does this work in practice? vote is taken, the matter is deemed closed, subject only to reopening Here are a few examples. if a proper motion to consider is made and passed.
Assume that a five-member city council is voting on a motion that A motion to reconsider requires a majority vote to pass like other requires a simple majority vote to pass, and assume further that the garden-variety motions, but there are two special rules that apply body has no specific rule on counting votes. Accordingly, the default only to the motion to reconsider. rule kicks in and we count all votes of members that are "present and First, is the matter of timing. A motion to reconsider must be made voting." If the vote on the motion is 3-2, the motion passes. If the at the meeting where the item was first voted upon. A motion to motion is 2-2 with one abstention, the motion fails. reconsider made at a later time is untimely. (The body, however, can Assume a five-member city council voting on a motion that requires always vote to suspend the rules and, by a two-thirds majority, allow a two-thirds majority vote to pass, and further assume that the body a motion to reconsider to be made at another time.) has no specific rule on counting votes. Again, the default rule applies. Second, a motion to reconsider may be made only by certain If the vote is 3-2, the motion fails for lack of a two-thirds majority. If members of the body. Accordingly, a motion to reconsider may be the vote is 4-1, the motion passes with a clear two-thirds majority. A made only by a member who voted in the majority on the original vote of three "yes," one "no" and one "abstain" also results in passage motion. If such a member has a change of heart, he or she may of the motion. Once again, the abstention is counted only for the make the motion to reconsider (any other member of the body purpose of determining quorum, but on the actual vote on the - including a member who voted in the minority on the original motion, it is as if the abstention vote never existed - so an effective motion - may second the motion). If a member who voted in the 3-1 vote is clearly a two-thirds majority vote. minority seeks to make the motion to reconsider, it must be ruled Now, change the scenario slightly. Assume the same five-member out of order. The purpose of this rule is finality. If a member of city council voting on a motion that requires a two-thirds majority minority could make a motion to reconsider, then the item could be vote to pass, but now assume that the body DOES have a specific rule brought back to the body again and again, which would defeat the requiring a two-thirds vote of members "present." Under this specific purpose of finality. rule, we must count the members present not only for quorum but If the motion to reconsider passes, then the original matter is back also for the motion. In this scenario, any abstention has the same before the body, and a new original motion is in order. The matter may force and effect as if it were a "no" vote. Accordingly, if the votes were be discussed and debated as if it were on the floor for the first time. three "yes," one "no" and one "abstain," then the motion fails. The abstention in this case is treated like a "no" vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
6 Courtesy and Decorum Appeal. If the chair makes a ruling that a member of the body The rules of order are meant to create an atmosphere where the disagrees with, that member may appeal the ruling of the chair. If the members of the body and the members of the public can attend to motion is seconded, and after debate, if it passes by a simple majority business efficiently, fairly and with full participation. At the same vote, then the ruling of the chair is deemed reversed. time, it is up to the chair and the members of the body to maintain Call for orders of the day. This is simply another way of saying, common courtesy and decorum. Unless the setting is very informal, "return to the agenda." If a member believes that the body has drifted it is always best for only one person at a time to have the floor, and from the agreed-upon agenda, such a call may be made. It does not it is always best for every speaker to be first recognized by the chair require a vote, and when the chair discovers that the agenda has before proceeding to speak. not been followed, the chair simply reminds the body to return to The chair should always ensure that debate and discussion of an the agenda item properly before them. If the chair fails to do so, the agenda item focuses on the item and the policy in question, not the chair's determination may be appealed. personalities of the members of the body. Debate on policy is healthy, Withdraw a motion. During debate and discussion of a motion, debate on personalities is not. The chair has the right to cut off the maker of the motion on the floor, at any time, may interrupt a discussion that is too personal, is too loud, or is too crude. speaker to withdraw his or her motion from the floor. The motion Debate and discussion should be focused, but free and open. In the is immediately deemed withdrawn, although the chair may ask the interest of time, the chair may, however, limit the time allotted to person who seconded the motion if he or she wishes to make the speakers, including members of the body. motion, and any other member may make the motion if properly recognized.
Can a member of the body interrupt the speaker? The general rule is "no." There are, however, exceptions. A speaker may be interrupted Special Notes About Public Input
for the following reasons:
The rules outlined above will help make meetings very public- Privilege. The proper interruption would be, "point of privilege." friendly. But in addition, and particularly for the chair, it is wise to The chair would then ask the interrupter to "state your point." remember three special rules that apply to each agenda item:
Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the Rule One: Tell the public what the body will be doing. room may be too hot or too cold, or a blowing fan might interfere Rule Two: Keep the public informed while the body is doing it. with a person's ability to hear.
Rule Three: When the body has acted, tell the public what the Order. The proper interruption would be, "point of order." Again, body did. the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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RESOLUTION NO. 2025-10
A RESOLUTION OF THE IONE CITY COUNCIL
ADOPTING A FORMAL POLICY FOR CENSURE OF COUNCILMEMBERS
WHEREAS, the City of lone City Council ("City Council") may establish rules for the conduct of its proceedings (Government Code § 36813); and WHEREAS, Chapter 2.04 of the lone Municipal Code provides certain rules for City Council meetings and the conduct of Councilmembers; and be ame is prain City Cous and author adopted City Counci or l ta an ay conduct of Councilmembers; and
WHEREAS, the City Council seeks to adopt a formal policy to enforce the guidelines and standards adopted for Councilmembers, and for considering disciplinary action against other Councilmembers; and
WHEREAS, the City Council desires to protect the free speech and due process of Councilmembers, while promoting civility, decorum, and protection of public resources; and WHEREAS, the City Council has reviewed and considered the policy attached hereto as Exhibit A and wishes to adopt the policy.
NOW, THEREFORE, BE IT RESOLVED that the City of lone City Council hereby adopts the policy attached hereto as Exhibit A for censure of Councilmembers. The City Clerk, in coordination with the City Attorney, is hereby instructed to incorporate the policy into the City Council Protocol Manual.
The foregoing resolution was duly introduced and adopted by the City Council of the City of lone at their regular meeting held on March 4, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Stacy Rhoades, Mayor
Attest:
Draunso
Janice Traverso, City Clerk
CENSURE POLICY
CITY OF IONE
1. Purpose
This policy provides the methods by which the City Council, acting as a body, may express the Council's disapproval of the conduct of an elected official if the Council finds, subject to the procedures set forth herein, that an elected official's conduct violates federal, state or local law, order, or policy of the City Council.
2. Request for Censure
A request for censure may be submitted by a Councilmember in writing to the City Manager and the City Attorney. The request must contain the specific charges on which the proposed censure is based, with supporting detail of the objectionable conduct. Prior to submittal, the initiating Councilmember is encouraged to consult with the City Attorney on the reasons for the proposed censure.
Reasons for Censure
Potential reasons for censure may include, but are not limited to, violations of federal, state or local law, order, or policy of the City Council. By being elected to the City Council, Councilmembers agree to follow the guidelines and standards of the City Council Protocol Manual. Failure to adhere to the guidelines and standards of the City Council Protocol Manual may constitute potential basis for censure. All Councilmembers are encouraged to review the City Council Protocol Manual for the rules, standards, and conduct expected of Councilmembers.
Conduct subject to censure may include, but is not limited to, the following:
a. Failing to maintain professional relations with City staff, commissions, and committees.
b. Not respecting the Council-Manager form of government (for example, by improperly influencing or directing City employees).
c. Interfering with the collective bargaining rights of represented City employees. d. Speaking for or representing the City without the authority of the City Council. e. Committing violations of the Ralph M. Brown Act (Government Code § 54950 et seq.) or the Political Reform Act (Government Code § 81000 et seq.). f. Causing liability or extraordinary legal expense to the City.. g. Abusing or improperly using public resources available to the City Council. h. Engaging in harassment or discrimination. Councilmembers must refrain from engaging in conduct that is discriminatory or constitutes harassment. i. Not upholding standards of civility and decorum in interactions with Councilmembers, Council Advisory Boards, Commissions, Committees, the public, and staff.
j. Engaging in abusive conduct, personal charges, or verbal attacks upon the character or motives of other Councilmembers, Council Advisory Boards, Commissions, Committees, the public, and staff.
Notice to Named Official
Following receipt of a request for censure, the City Attorney shall prepare a notice of censure containing the content of the complaint and forward the notice to the named official. The named official shall receive at least ten (10) days' notice before the initial hearing is scheduled before the City Council.
5. Preliminary Hearing
The complaint shall be reviewed by the Council at a preliminary hearing. The named official will have the opportunity to respond to the complaint orally or in writing as part of the Council's initial review of the complaint.
After reviewing the complaint and considering the response of the named official, if any, the Council may take one of the actions described herein (Admonishment, Informal Warning, or direct the City Attorney to prepare a Resolution of Censure for a future hearing).
When deemed warranted, the Council may initiate an investigation by a neutral investigator.
Upon the conclusion of the investigation, the Council will review the investigation findings. Such review may be conducted in a closed session in compliance with the requirements of the Ralph M. Brown Act (Government Code § 54950 et seq.).
The Council may also choose to appoint an ad hoc committee of the Council to conduct a review of the request for censure. The ad hoc committee shall not include the Councilmember making the request for the proposed censure or the official that is named for proposed censure. The ad hoc committee may conduct its own investigation to arrive at a recommendation regarding the request and report its findings to the Council. At the earliest opportunity (but no later than two (2) regular Council meetings following formation of the committee), the ad hoc committee shall make its recommendation to the Council to determine whether: (a) no action is required, (b) further investigation of the charges is necessary, or (c) admonishment, informal warning, or resolution of censure is recommended.
Unless otherwise relevant and allowed under open meeting laws, the Council's discussion will generally be limited to the complaint, the investigation (if any), and whether any policy violations have occurred.
2 4919-7558-7621, v. 1
6. Potential Council Actions
If, after review of the complaint and the preliminary hearing, the Council determines that a violation occurred, it may undertake one or more of the following actions:
Admonishment: This is the least severe form of action. An admonishment is a reminder directed to all elected officials that a particular type of behavior is in violation of law or City policy and that, if it occurs or is found to have occurred, could make the official subject to a higher level of action.
b. Informal Warning: This is the next most severe form of action. This warning to a particular official should be used for cases in which the Council determines, based on review of the complaint and proceedings, a policy violation occurred, but the violation is considered not sufficiently serious to warrant censure. The Council must make a motion and vote during a public meeting whether to issue the warning. A warning to the named official is distinguished from censure in that it is not considered to be formal discipline.
C. Censure: Censure is the most severe form of action. Censure is a formal statement of the Council officially reprimanding the named official and may be combined with other actions, including but not limited to, loss of committee assignments, suspension of City-sponsored attendance at conferences or seminars, loss of travel or expense reimbursements, or removal of other privileges as deemed appropriate by Council. Censure should be used for cases in which the Council determines that the policy violation is a serious offense. A decision to censure requires the Council to adopt a Resolution and make findings regarding violations at a public meeting.
To protect the overriding principle of freedom of speech, the Council will not impose censure for the exercise of First Amendment rights, no matter how distasteful the expression was to the Council and the City. However, nothing herein may be construed to prohibit the Council from collectively condemning and expressing their strong disapproval of such remarks.
7. Participation of Named Official
The official named for proposed censure shall be ineligible to vote on any action taken by the Council during the censure process.
At any hearing where the matter is heard before the Council, the named official shall be given the opportunity to make an opening or closing statement, question the Council or testimony provided, or call witnesses on their behalf. The Council may decide to adopt reasonable limits on the time for statements, questioning, and testimony of the named official.
8. Due Process
In all instances, the Council shall ensure that all due process requirements are met. The City Attorney may recommend variations to the procedures contained herein to ensure due process. 3 4919-7558-7621, v. 1
There shall be a maximum of three (3) regular Council meetings to consider the proposed censure, including the initial hearing. If no action is taken by the Council within three (3) regular Council meetings, the censure request shall be considered terminated.
The rules of evidence and judicial procedure applicable in courts of law shall not apply to any censure hearing, and the procedures shall be generally informal.
De-escalation / Informal Resolution
In addition to the actions above, the Council is encouraged to take steps to de-escalate the behavior that could lead to a complaint before a complaint is filed and consider addressing the complaint informally, if appropriate, in an effort to bring the Councilmember named for potential censure into compliance with law or policy.
4919-7558-7621, v. 1
Agenda Item # 5
CITY OF IONE
CITY COUNCIL
STAFF REPORT
FOR THE MEETING OF: APRIL 21, 2009
DATE: APRIL 16, 2009
TO: MAYOR ARD AND CITY COUNCIL
FROM: KIMBERLY A. KERR, CITY MANAGER
SUBJECT: APPROVE CITY TRAVEL AND EXPENSE POLICY
RECOMMENDED ACTION:
That the City Council:
1. Receive staff report; and
2. Approve the new City Travel and Expense Policy.
SOURCE OF FUNDING: All Funds
DISCUSSION:
Staff has reviewed the City's Travel and Expense Policy that apply to all City employees and officials. The new policy has been reviewed by the City Attorney's Office to ensure that they reflect the current state of law and is being updated to comply with AB1234, Conflict of Interest-Ethics requirements.
Based on the above information, staff is recommending that the City Council adopt the new policy as provided.
FINANCIAL IMPACT: There are no costs associated with the adoption of the policy, but there was staff time and City Attorney's Office costs associated with the review.
OTHER AGENCY INVOLVEMENT: City Attorney's Office
TYPE OF ITEM: • City Council for the City of lone
XX _ Consent
Departmental
Public Hearing
Other_
PREVIOUS ACTION/REFERRAL:
Council Order No.. Dated: 423 09
Meeting of 4.21.09 Janice Traverso, City Clerk
By: @Travesso
CITY OF IONE
TRAVEL AND EXPENSE POLICY
Findings
Whereas, the City of Ione ("City") takes its stewardship over the use of its limited public resources seriously.
Whereas, public resources should only be used where there is a substantial benefit to the City.
Whereas such benefits include:
1. The opportunity to discuss the community's concerns with state and federal officials.
2. Participating in regional, state and national organizations whose activities affect the City.
3. Attending educational seminars designed to improve employees' and officials' skills.
4. Promoting public service and morale by recognizing such service.
Whereas this Travel and Expense Policy ("Policy") provides guidelines, but is not intended to address every issue, exception, or contingency that may arise in the course of travel on behalf of the City and City employees and officials should use sound fiscal judgment when incurring Purpose
This Policy is designed to ensure that City employees and officials adhere to proper; reasonable their travel on behalf of the City.
This Policy is further designed to ensure that personal expenditures are not confused with or combined with expenditures reasonably related to travel on behalf of the City.
This Policy does not require that individuals traveling on behalf of the city restrict themselves to public transit, sub-standard accommodations, or subsist solely on fast food. Rather, this Policy anticipates that every employee and official will consider all travel options and choose the most ffective method of travel, taking into account the cost of the actual travel as well as the tim away from work associated with differing means of travel Finally, it is the purpose of this Policy to ensure that employees and officials who travel on behalf of the City are properly compensated in a timely fashion and manner. Compensation for travel expenditures may be made in certain circumstances by advance payment or reimbursement Adopted April 2L 2009 - 1-
CITY OF IONE
TRAVEL AND EXPENSE POLICY
Definitions
For the purposes of this policy, "official" is defined as any member of a legislative body as defined by Government Code section 54952 and by City resolutions or ordinances adopted by the City Council that are consistent with the statute. An individual may be an official for the purposes of this policy if he or she is a member of the City Council, Planning Commission, Parks and Recreation Commission or any other entity subject to the requirements of the Brown Act.
For the purposes of this Policy an "employee" shall be defined as an individual employed directly and solely by the City, excluding independent contractors, subcontractors, and other ersons performing work on behalf of the City but self-employed or employed by other persons corporations or entities
For the purposes of this Policy, the word "travel" is used to denote the transit activities of individuals in connection with attendance at authorized events on behalf of the City. The authorized events are set forth in the section below.
For the purposes of this Policy, "local travel" shall be defined as travel within forty-five (45) miles of the City Hall and accomplished in one (I) day.
For the purposes of this Policy, "non-local travel" shall be defined as travel involving at least one overnight absence from the City or to a location further than forty-five (45) miles away from the City.
Authorized Events
City funds, equipment, supplies, titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized events for which the City will reimburse attendees, as long as the other requirements of this policy are met:
1. Travel for the purpose of communicating with other local, state, or national representatives on adopted policy positions;
2.: Attending educational seminars;
3. Parțicipating in state or regional organization activities;
4. Attending a function recognizing the services of a longtime employee or official;
5. Attending City or other local government events;
6. Implementing an approved strategy for attracting or retaining businesses.' "This "authorized expenses" section satisfies Government Code section 53232.2, subdivision (b). (
Adopted April 21 2009 - 2-
CITY OF JONE
TRAVEL AND EXPENSE POLICY
All other expenditures for a purpose not stated above require prior approval by the City Council.? Each Department shall be held responsible and accountable for the interpretation and administration of this Policy. Department Managers will be expected to consult with the City Finance Manager and the City Manager regarding any questions related to this Policy. An individual may not authorize or approve reimbursement for his or her own travel. A claim form must be approved by the individual's Manager.
Travel Requiring Prior Approval
Local Travel requires prior approval for City employees. City employees shall consult their respective Department Managers or the City Manager prior to the prospective travel to obtain this approval. All travel expenses shall be paid on a reimbursement basis, with the exception of registration fees, which may be paid in advance by the City. For advance payment of a registration fee, a check request must be made through the Finance Department.
Non-Local Travel requires prior approval for City employees and City officials. City employees shall consult their respective Department Mariagers or the City Manager prior to the prospective travel. Department Managers shall seek and receive approval from the City Manager prior to their prospective travel. City officials shall seek approval from the City Council prior to the prospective travel. Non local travel also requires submission of a Travel Expense Claim Form (attached to this Policy as Exhibit A): This form is to be completed upon the traveler's return so that the traveler may be properly reimbursed. (See submission of reimbursement documentation procedures set forth below.) Method of Reimbursement
Pursuant to Government Code section 53232.2, subdivision (c) and Labor Code section 2802, City employees and officials shall be reimbursed on a per diem schedule. Reimbursement shall • be made in accordance with the Internal Revenue Service ("IRS") rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses as established in IRS Publication 463, or any successor publication. City employees and officials shall inform themselves of the current per diem rate for their travel destinations by consulting these fixed rates available at:
http://www.gsa.gov/Portal/gsa/ep/contentView.do?queryYear-20098.contentType=GSA BASI C&contentId=17943&queryState=California&noc=T.
Traveling employees and officials shall collect receipts for expenditures incurred for food, lodging, and transportation and present these receipts to the appropriate Department Manager or designated official. Expenditures in excess of the IRS scheduled rates for the travel destination shall not be reimbursed.
2 Government Code section 53232.2, subdivision (f).
Adopted April 21_2009 - 3-
CITY OF IONE
TRAVEL AND EXPENSE POLICY
Submission of Reimbursement Documentation Upon. Return
Upon return, a traveler must submit documentation sufficient to show that the traveler is entitled tô reimbursement. Such documentation is required for local and non-local travel reimbursement claims and shall include, but is not limited to, the following:
1.. A Completed Travel Expense Claim Form.
2. All receipts incurred for food, lodging, transportation, and incidental expenses.
3. Any other supporting documentation to facilitate reimbursement (conference brochures, lecture schedules).
Once the traveler has returned, all travel expenses must be reconciled promptly. A traveler shall complete Travel Expense Claim Form (Exhibit A), attach all receipts and other supporting documentation, and forward these papers to the appropriate Department Manager or City Manager. Expenses for lodging, meals and incidental expenses will be reviewed in light of the submitted documentation, made payable to the City of lone.
Documentation shall be submitted no later than fifteen (15) working days after the final date of travel. Failure to comply with this section may result in denial of requested reimbursement and failure to reimburse the City for unrelated charges made to City accounts or charges beyond the IRS scheduled limit may result in disciplinary action against the traveler.
Additional Documentation Required for City Credit Card Use City credit cards may be issued to City officials as authorized by the City Council. All credit card receipts shall be submitted for reimbursement in the manner described in this Policy. The receipt shall indicate the purpose of the charge, and it the charge relates to a business meeting, • the attendees shall be named. Credit card reports and payments shall be made in a timely manner to avoid finance charges. Credit card transactions shall be reported using the lone Credit Card Usage Report (attached to this Policy as Exhibit B). Credit cards are only to be used while the traveler is engaged in City business during travel.
Detailed Guidelines Regarding Transportation, Lodging, Meals and Other Expenses Transportation
Transportation costs include, but are not limited to, air, train, bus, taxi fares, rental vehicle costs, bridge tolls, and parking fees. The traveler should generally take the most direct and commonly traveled routes to the destination. Alternate routes may be authorized as necessary. If a traveler elects to take an indirect route, or stop, detour, or delay for personal reasons, the expenditures attributable to that portion of the travel shall not be reimbursed. Selection of the common carrier Adopted April 2L 2009 - 4-