TONE
CITY OF TONE
IONE, CA 95640
DATE: MAY 5, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOSH VARINSKY, CITY ATTORNEY
SUBJECT: REVISIONS AND UPDATES TO CITY COUNCIL PROTOCOL MANUAL RECOMMENDED ACTION:
The City Council should consider the proposed revisions to the City Council Protocol Manual ("Protocol Manual"), provide further comments or changes, and may consider a motion for formal adoption of the proposed revisions.
BACKGROUND:
At the January 6, 2026 City Council meeting, the Protocol Manual was included in the agenda for review and comment by Councilmembers and the public. A special meeting workshop was held on January 28, 2026 to consider proposed revisions to the Protocol Manual, based on various topics that have been discussed throughout the past year. The proposed revisions were also reviewed and discussed at the February 14, 2026 Council meeting. Based on feedback from Councilmembers and review by staff, revisions are proposed for formal adoption by the Council. Councilmembers and the public are advised that the Protocol Manual can always be subject to further review and updates as questions and clarifications arise.
DISCUSSION:
Included with this report are two (2) documents: (1) a clean version of the Protocol Manual if the proposed changes are adopted, and (2) a redline version of the Protocol Manual showing all proposed changes compared to the existing version of the Protocol Manual.
Based on the dates included in the current version of the Protocol Manual, the Protocol Manual was last adopted on August 5, 2008. The Protocol Manual sets forth various rules and guidelines for the City Council, City commissions/committees, and City staff, and further explains the operation of the City's administrative affairs. In the opinion of the City Attorney, the Protocol Manual is due for an update.
Below is a summary of the proposed revisions and updates:
• Section 2.02 (Role of Councilmembers) - Specifies that the Council approves contracts/expenditures over $15,000, consistent with the City's purchasing and bidding ordinance (lone Municipal Code, Chapter 2.44.)
• Section 2.03 (Role of Mayor) - Clarifies the role of the City Manager and the Mayor in the setting of the agenda for each Council meeting. Here, the City Manager sets the agenda in consultation with the Mayor. Further detail was also added regarding the Mayor's role in guiding and controlling the meeting, such as recognizing speakers and signaling if a Councilmember has used excessive time.
• Section 2.08 (Boards, Commissions, Committees, and Task Forces) - Sections are added to specify the roles of Planning Commissioners and the City Planner in preparing the agenda for Planning Commission meetings. The Planning Commission occupies a unique role under state and local law, and it is important to have clear rules for agenda preparation and how study or request items related to City planning/land use policies can be initiated. • Section 5.05 (State Public Records Disclosure Act) - New paragraph is added explaining that all Councilmembers and appointed officials should use their official City email account for City business.
• Section 6.02 (Conflicts of Interest)
• New paragraphs are added regarding declaration of conflicts of interest, and specifying that it is a personal responsibility of City officials to declare conflicts of interest because of the potential liability to the individual City official. If there are concerns about potential conflicts of other City officials, the concern should be brought to the City Manager and City Attorney as soon as possible for further evaluation.
• The existing sections regarding prohibited conflicts of interest are simplified and updated based on current FPPC regulations. The FPPC from time-to-time updates certain conflict criteria, and the provisions were outdated. This section updates the manual consistent with current conflict rules, explains the categories of conflicts of interest, and references the current regulations and FPPC guidance for further information.
• Section 7.07(C) (Access to Information / Confidential Information) - A paragraph was added regarding the types of information that are confidential and the potential penalties for releasing confidential information of the City.
/I/
• Section 8.06 (Placing Items on the Agenda)
• A revised policy is proposed to the agenda item policy for requests from Councilmembers. The City Council may consider providing further direction on this policy. The proposed revision is as follows. In sum, requests must be sent to the City Manager, who will have the authority to prepare and schedule the item in his/her discretion. Alternatively, the City Manager may bring the request to the Council for further direction before preparing and scheduling the item.
In addition, other existing provisions are proposed for removal regarding how City committees and members of the public may formally request future agenda items.
Nothing prevents the City's committees or members of the public from requesting items for future consideration by the City Council.
• Section 8.07 (Development of the Agenda) - The following changes appear in this section:
• A provision was added specifying that all closed session items must be authorized by the City Attorney.
• A prior version of this section proposed modifying the header of City staff reports to indicate who requested the item, who prepared the item, and who authorized the item. This has been removed, with a proposed modification that the agenda or the staff report indicate if the original request came from a Councilmember. • The existing manual requires that all agenda materials be complete by 9:00 am on the Tuesday of the week before a Council meeting. This deadline was removed and now gives the City Manager the discretion to establish deadlines for filing agenda materials.
• At the initial workshop, the idea was discussed of maintaining a list of all agenda requests received from Councilmembers, City commissions/committees, and members of the public. A provision is included for the City Manager to maintain a list of all agenda item requests received and to periodically update the Council. • Finally, the existing manual provides that the agenda packet will be circulated by 3:00 pm on the Friday before the Council meeting. This requirement has been changed to Thursday.
• Section 8.08 (Order of Business) - It is common for local agency agendas to include a general declaration of conflicts item toward the beginning of the meeting. This encourages Councilmembers to review the agenda for potential conflicts at each meeting and allows additional time for consultation with the City Manager and City Attorney. • Section 8.09 (Council Action) - Councilmembers have raised the issue of when and how items may be reconsidered that have already been voted on by the Council. Further clarification is added here to explain that a request for reconsideration can be made at a later time after the original meeting, so long as the request comes from the Councilmember who desires to reconsider their prior vote.
• Section 8.11 (Parliamentary Procedure) - A paragraph is added to clarify that the rules of order are intended to guide the conduct of meetings, but strict adherence does not affect the validity of actions taken by the Council.
• Chapter 10 - Here, a new chapter is proposed for "Civility and Decorum." • There are provisions encouraging Councilmembers to express disagreements in the form of policy and not personal attacks.
• The City Council has also previously discussed adoption of a social media policy.
Provisions addressing social media conduct for elected officials include matters such as including a disclaimer at the beginning of posts related to City business, not deleting or muting comments, online communications between Councilmembers under the Brown Act, and refraining from posting derogatory comments about City staff.
• There is an explanation concerning what is not protected speech under the First Amendment.
• Other provisions were added such as not interrupting speakers, and specifying that engaging in unprotected speech or other illegal conduct can subject the official to personal liability and further cause liability and legal costs to the City. • Finally, an Appendix is added at the end to include all referenced documents and policies.
The recent policies adopted by the City Council during the past year would be included as attachments, including but not limited to, the recording policy for closed sessions, the censure policy for elected officials, and the communication policy for Councilmembers and the City Attorney.
The City Council should consider the proposed changes and may provide further direction to staff.
The Protocol Manual is a critical document relied on by Councilmembers and staff to guide the City in its functions, and it is important that the Protocol Manual reflect the agreed-upon rules adopted by the City Council and current legal requirements.
ATTACHMENTS:
1. Resolution No. 2026-10 to adopt updated version of the Protocol Manual
2. Clean version of the Protocol Manual if the proposed changes are adopted (including appendices)
Redline version of proposed changes to the Protocol Manual RESOLUTION 2026-10
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE
ADOPTING REVISIONS AND UPDATES TO THE
CITY COUNCIL PROTOCOL MANUAL
WHEREAS, the City Council Protocol Manual (Protocol Manual) sets forth various rules and guidelines for the City Council, City commissions/committees, and City staff, and further explains the operation of the City's administrative affairs; and
WHEREAS, the last time the Protocol Manual received a comprehensive review and update was August 5, 2008; and
WHEREAS, the City Council has considered and discussed proposed revisions and updates at meetings held on January 6, 2026, January 28, 2026, and February 14, 2026; and WHEREAS, the City Council desires to formally adopt the version of the Protocol Manual attached as Exhibit A hereto.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of lone hereby approves and adopts the revised and updated version of the City Council Protocol Manual, attached hereto as Exhibit A
The foregoing resolution was duly introduced and adopted by the City Council of the City of lone at their meeting held on May 5, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jody Maita, Mayor
Attest:
Janice Traverso, City Clerk
EXHIBIT A
City Council Protocol Manual
CITY COUNCIL PROTOCOL MANUAL
CITY OF 10 NE
FOUNDED
1846
IFORNIP
GET HALD
TABLE OF CONTENTS
Chapter 1 Introduction and Overview..... ... 1
1.01 Council-Manager Form of Government.. 1
1.02 Purpose of City Council Protocol Manual
1.03 Overview of Basic City Documents.......
1.04 Orientation of New Members...... ..3
Chapter 2 Ione City Council: General Powers and Responsibilities.....
2.01 City Council, Generally...
2.02 Role of Councilmembers..
2.03 Role of Mayor....
2.04 Vice-Mayor, Absence of Mayor and Councilmembers..
2.05 Resignation of Mayor or Vice-Mayor....
2.06 Emergency Response...
2.07 Appointment of Officer.
2.08 Boards, Commissions, Committees, and Task Forces
2.09 Service on Outside Boards..
2.10 Incompatibility of Offices
Chapter 3 Support Provided to City Council...
3.01 Staff/Clerical Support
3.02 Office Equipment..
3.03 Meeting Rooms..
3.04 Mail, Deliveries..
3.05 Council Library
Chapter 4 Financial Matters...
4.01 Council Compensation
4.02 Budget
4.03 Financial Disclosure..
4.04 Travel Policy..
4.05 City Credit Card Policy
Chapter 5 Communications 16
5.01 Overview... 16
5.02 Correspondence from Councilmembers.. 6
5.03 Local Ballot Measures. . 6
5.04 Proclamations. 16
5.05 State Public Records Disclosure Act. 17
Chapter 6 Conflicts of Interest ..... .. 19
6.01 Ethics, AB 1234 Ethics Training 19
6.02 Conflicts of Interest.. 19
Chapter 7 Interaction with City Staff/Officials 23
7.01 Overview... .23
7.02 Council-Manager Form of Government.. 23
7.03 City Council Non-interference...
7.04 City Council/City Manager Relationship
7.05 City Council/City Staff Relationship ...
7.06 City Council/City Attorney Relationship
7.07 Roles and Information Flow..
7.08 Dissemination of Information
7.09 Magnitude of Information Request..
7.10 Staff Relationship to Advisory Bodies...
7.11 Restrictions on Political Involvement by Staff
7.12 Council Attendance Policy....
Chapter 8 City Council Meetings... .. 29
8.01 Meeting Schedule... 29
8.02 Public Notice of Meetings and Hearings... 29
8.03 Emergency Meetings. . 30
8.04 Special Meetings... 30
8.05 Study Sessions (Workshops)... 30
8.06 Placing Items on the Agenda 31
8.07 Development of the Agenda .32
8.08 Order of Business. .32
8.09 Council Action. ..34
8.10 Legislative and Quasi-Judicial Actions of the Council.. .34
8.11 General Parliamentary Procedure... .35
8.12 City Councilmembers Conduct and Participation at Meetings 35 Chapter 9 Protocol Administration.... 37
9.01 Biennial Review ..37
9.02 City Attorney as Protocol Advisor. .37
9.03 Adherence to Non-interference Policy ...
9.04 Applicability of Protocol Manual.
Chapter 10 Civility and Decorum 38
10.01 General... .38
10.02 Code of Ethics ...38
10.03 Social Media Policy ..38
10.04 Censure Policy ... ..39
APPENDICES
1. Resolution No. 1384 (Code of Ethics for the City Council)
2. Professional Code of Ethics from International City/County Management Association
3. Resolution No. 2025-40 (Policy for Use of City Attorney and Communications Between the City Council and the City Attorney)
4. Resolution No. 2025-08 (Policy for Audio/Video Recording of Closed Session Meetings)
5. Rosenberg's Rules of Order
6. Resolution No. 2025-10 (City of lone Censure Policy for Elected Officials)
7. City Travel and Expense Policy
Chapter 1 Introduction and Overview
As a City Councilmember, you not only establish important and often critical policies for the community of lone, you are also a board member of a public corporation having an annual budget of several million dollars. The scope of services and issues addressed by the city organization go well beyond those frequently reported in the newspaper or discussed at City Council meetings.
1.01 Council-Manager Form of Government
The City of lone has a Council-Manager form of government. As described in the Municipal Code and the Government Code of California, certain responsibilities are vested in the City Council and the City Manager. Basically, this form of government prescribes that a City Council's role is that of a legislative policy-making body which determines not only the local laws that regulate community life, but also determines public policy and gives direction to the City Manager to administer the affairs of the City government in a businesslike and prudent manner. (Ione Municipal Code Title Il and Government Code § 34100 et seq.)
The City of lone was incorporated in 1953. At that time, the separately elected City Clerk was the administrative officer for municipal affairs. There was also a separately elected City Treasurer. The City Council established lone as a Council-Administrator form of government in 1989 and hired its first City Administrator that year. In 2007, the City Council changed the form of government to Council-Manager and hired a City Manager.
1.02 Purpose of City Council Protocol Manual
The City of lone has prepared its own Protocol Manual to assist the City Council by documenting accepted practices and clarifying expectations. Administration of City Council affairs is greatly enhanced by the agreement of the City Council and staff to be bound by these practices.
While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Councilmembers, the City's various commissions/committees, and City staff in their actions.
1.03 Overview of Basic City Documents
This Protocol 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 the City Council. Many other laws, plans, and documents exist which bind the City Council to certain courses of action and practices. The following is a summary of some of the most notable documents that establish City Council direction.
A. lone Municipal Code
The Municipal Code contains local laws and regulations adopted by resolutions and ordinances. Title Il of the Code addresses the role of the City Council, describes the organization of City Council meetings and responsibilities, and appointment of certain City staff positions, advisory boards, and commissions. In addition to these administrative matters, the Municipal Code contains a variety of laws including, but not limited to, zoning standards, health and safety issues, traffic regulations, building standards, and revenue and finance issues.
B. Goals
The City Council sets both long-term and short-term goals for the City each spring. The goal-setting process includes a review of the previous year's goals including progress toward completion and updating. The budget is then written with the objective of working toward completion of those goals.
C. Codes of the State of California
The state laws contain many requirements for the operation of city government and administration of meetings of city councils throughout the state. Ione is a "general law city" which means it operates under applicable general laws of the state. As a general law city of the state of California, lone is vested with all the powers of incorporated cities as set forth in the California Constitution and the applicable California state laws. Conversely, there are a number of cities within California that are "charter cities" and have adopted local provisions that establish basic governing procedures for local government. (Government Code §§ 34100-34102) lone is not a charter city.
D. Annual Budget
The annual budget is set for the fiscal year beginning July Ist and ending June 30th. It is the primary tool and road map for accomplishing the goals of the City. The budget document is the result of one of the most important processes the City undertakes. By adopting the annual budget, the City Council makes policy decisions, sets priorities, allocates resources, and provides the framework for government operations. Study sessions on the budget are held in May and public hearings in June with adoption at the second City Council meeting in June.
E. Annual Financial Audit
The annual financial audit includes the financial statements of the City for a fiscal year. It includes the financial condition of the City as reflected in the balance sheet, the results of operations as reflected in income statements, an analysis of the uses of City funds, and related footnotes. The annual financial audit includes statements for the various groups of funds and a consolidated group of statements for the City as a whole. The City Council has the responsibility of hiring an independent auditor, and of reviewing and accepting the audit. 2 F. General Plan
A state-mandated General Plan addresses the City's long-range planning needs relative to land use, transportation, economic development, housing, and other planning elements. The City's General Plan is reviewed on an ongoing basis, but mandatory elements may only be revised four (4) times a year; however, certain amendments necessary for affordable housing development are not subject to this limitation. (Government Code § 65350 et seq.) G. Five-year Capital Improvement Program
The Five-year Capital Improvement Program serves as a guide for determining priorities, planning, financing, and construction of capital projects which add to, support, or improve the physical infrastructure, capital assets, or productive capacity of City services.
H. Disaster Preparedness Plan
The City maintains a disaster preparedness plan that outlines actions to be taken during times of extreme emergency. The City Council may be called upon during an emergency to establish policies related to a specific incident. The chain of command is as follows:
The City Manager is the Director of Emergency Services
The City Manager may appoint an Assistant Director of Emergency Services (Tone Municipal Code Title II, Chapter 2.48, §§ 2.48.010 to 2.48.120)
1.04 Orientation of New Members
It is important for the members of the City Council to gain an understanding of the full range of services and programs provided by the City. As new members join the City Council, the following will be provided in a timely manner.
• The City Manager will host an orientation program to distribute materials outlining City policy, protocol and updates on labor negotiations. • The City Manager will facilitate a meeting with the City Attorney for conflict-of- interest training, review of current legal matters, and review of parliamentary procedure.
• The City Manager will arrange a meeting with Finance prior to the first pay period to cover information reviewed with all City employees, (e.g., benefits elections, 1-9, retirement options, etc.)
• The City Manager will arrange meetings with key Department Heads to be briefed on current projects within his/her Department and to tour City facilities. 3 • The City Manager will arrange an opportunity for "ride alongs" with the lone Police Department.
• The City Manager's assistant will arrange a meeting for a briefing on various aspects of City Hall, including, but not limited to, travel procedures, phone service, etc. • The City Manager will provide information for attendance at the League of California Cities' New Mayors and Council Members Academy.
Chapter 2 lone City Council: General Powers and Responsibilities
2.01 City Council, Generally
Fundamentally, the powers of the City Council are to be utilized for the good of the community and its residents; to provide for the health, safety, and general welfare of the citizenry.
The City Council is the policy-making and law-making body of the City. State law and local ordinances define the powers and responsibilities of the Council.
It is important to note that the Council acts as a body. No member has any extraordinary powers beyond those of other members. While the Mayor has some additional ceremonial and nes ding of siresponsiblis, a described are o, whet is cone imp establishing policies voting. nd in other significant areas, a
Councilmembers should respect adopted Council policy. In turn, it is staff's responsibility to ensure the policy of the majority of the Council is upheld. Actions of staff to pursue the policy directior minority opinion on an issue.
A. Council Non-Participation in Administration
1 order to uphold the integrity of the council-manager form of government and to provid roper checks and balances, members of the City Council shall refrain from becoming directl involved in the administrative affairs of the City, unless authorized by a majority of the Council to participate in a policy or project.
2.02 Role of Councilmembers
Members of the lone City Council are collectively responsible for establishing policy, adopting an annual budget, and providing vision and goals to the City Manager. The following outline is a brief description of the various duties of Councilmembers. The description is not intended to be comprehensive, but rather it is an effort to summarize the primary responsibilities of the Council.
A. Summary of Council Duties and Responsibilities as Provided in State Law:
1. Councilmembers serve as the:
• City Council
2. Establish Policy
• Adopt goals and objectives
• Establish priorities for public services
• Approve/amend the operating and capital budgets
5 • Approve contracts/expenditures over $15,000 consistent with the City's purchasing and bidding ordinance (lone Municipal Code, § 2.44 et seg.) • Adopt resolutions
3. Enact Local Laws
• Adopt ordinances
4. Supervise Appointed Officials
• Appoint City Manager and City Attorney
• Evaluate performance of City Manager and City Attorney • Establish boards, commissions, committees and task forces • Make appointments to such bodies
• Provide direction to advisory bodies
5. Make Decisions
• Study problems
• Review alternatives
• Determine best course of public policy
• Call special elections as necessary
2.03 Role of Mayor
A. Presiding Officer
The Council selects the Mayor on the third Tuesday of December. The Vice Mayor can be selected to be the Mayor or the City Council can select from the remaining members of the City Council at their discretion. It is recommended that the Mayor should have served at least one (1) full year on the City Council prior to being selected as the Mayor.
The Mayor serves as the presiding officer, unless otherwise delegated, and acts as chair at all meetings of the City Council. The City Manager in consultation with the Mayor sets the agenda for regular and special Council meetings, subject to the advice of the City Attorney. The Mayor may participate in all deliberations of the Council in the same manner as any other member and is expected to vote in all proceedings, unless a conflict of interest exists. The Mayor does not possess any power of veto. State law allows the Mayor to move or second an action. As a matter of lone tradition, the Mayor does not make a motion and will only second a motion in rare and unusual circumstances. (Government Code §§ 36801-36815)
During Council proceedings, the Mayor facilitates discussion, gauges direction, and listens for majority support prior to calling for a vote on a motion. The Mayor guides the Council in focusing on the agenda and deliberation about the topics before the Council. The Mayor is delegated the responsibility to oversee the debate and order of speakers and recognizes each speaker when appropriately entitled to do so. The Mayor shall maintain order, decorum, and the fair and equitabl reatment of all speakers. Councilmembers generally govern themselves as to the length of 6 comments, however, the Mayor has the responsibility of signaling if a Councilmember has been speaking for excessive time period.
B. Ceremonial Representative and Other Duties of the Mayor Responsibility to act as the City Council's ceremonial representative at public events and functions has been assigned to the Mayor. In the Mayor's absence, the Mayor shall appoint a Councilmember to perform the ceremonial role. However, all Councilmembers are encouraged to participate. The Mayor may initiate and execute certificates of appreciation and recognition, and Council-approved proclamations. The Mayor has the responsibility of making liaison, board and committee assignments for Councilmembers with those assignments to be ratified by the Council.
2.04 Vice-Mayor, Absence of Mayor and Councilmembers
In the absence of the Mayor, the Vice-Mayor shall perform the duties of the Mayor. The Council selects the Vice-Mayor by a majority vote each year on the third Tuesday of December.
When both the Mayor and Vice-Mayor are absent, the Mayor will designate from amongst the Councilmembers a person to serve as Acting Mayor, who shall, for the term of such absence, have the powers of the Mayor.
If the Mayor or other Councilmembers intend to be absent from the City, they shall notify the City Manager of such absence. If a Councilmember fails, for any reason except sickness, to attend three (3) consecutive regular meetings of the Council, his or her office may be declared vacant by the Mayor and the Council shall proceed to decide whether to hold a special election or appoint a successor for the unexpired portion of the term of office of the absent member. (Ione Municipal Code Section 2.04.030)
2.05 Resignation of Mayor or Vice-Mayor
If the Mayor or Vice-Mayor resigns, the City Council will select a new Mayor or Vice- Mayor.
2.06 Emergency Response
The City Council may proclaim, and the Mayor shall sign, a declaration of emergency. If the City Council is not in session, the City Manager (Emergency Services Director) may proclaim the existence of an emergency. The Emergency Services Director directs all disaster response activities. (lone Municipal Code §2.48.060)
2.07 Appointment of Officer
The City Council is responsible for appointing two (2) positions within the City organization-the City Manager and the City Attorney. The City Manager and the City Attorney serve at the pleasure of the Council. The City Manager is responsible for all personnel within the City organization.
7 2.08 Boards, Commissions, Committees, and Task Forces A. Appointments Made by the Council
Boards, commissions, committees, and task forces provide a great deal of assistance to the Ione City Council when formulating public policy and transforming policy decisions into action.
The City has several standing commissions and committees. In addition, special purpose task forces are often appointed by the City Council to address specific issues of interest on a limited duration basis. These ad hoc committees will be dissolved upon completion of the intended task. Committees and task forces are purely advisory to the Council, and, in some situations, staff. Commissions pursuant to the powers and duties specified by the City Council may have final decision-making authority, subject to appeal to the Council, but may also serve in an advisory capacity in certain situations.
The procedures established in this Manual reflect the policy of the City Council regarding the appointment of volunteer citizens to the various bodies of the City. The establishment of these procedures ensures that well-qualified, responsible, and willing citizens are given the opportunity to serve the City and participate in the governance of their community.
The City Council is specifically empowered to create all boards, commissions, committees and task forces, pursuant to the provisions of the lone Municipal Code, as the Council deems necessary or advisable. In the exercise of this power, it is the desire of the City Council to establish a consistent policy in its decision-making role to fairly and equitably evaluate those citizens of the community who demonstrate a desire to serve on such boards, commissions, committees, or task forces. (Ione Municipal Code Title 2, Chapters 2.17, 2.36, and 2.62) For full-term vacancies, the filing period is as determined by Ordinance. The City Clerk shall:
• Publicly announce the position vacancy and filing period by publication of same in the official newspaper of the City of lone and set forth the qualifications required, if any.
• Notify the incumbents) of whose terms are expiring, of such term expiration and invite the incumbents) to consider being reappointed.
• Advertise the position and accept applications when an incumbent's term expires on the Planning Commission, Park and Recreation Commission, and any other Commission.
B. Selection
1. Mayor Interview Period: The Mayor may personally interview each applicant individually, at a time and place to be designated by the Mayor.
However, after reviewing applications, the Mayor reserves the right to make appointments without conducting interviews.
8 2. The Mayor may appoint a sub-committee to review applications or conduct interviews of applicants and appoint the member, with approval of the City Council.
3. Decision & Announcement: Each applicant will be notified of the decision of the Mayor and Council approval. The City Clerk will also notify the Chair of the affected board or commission of its decision.
C. Resignations
Vacancies occurring during the middle of a term shall be filled by appointment for the unexpired portion of the term, in the same manner provided herein for initial appointment.
D. Councilmembers' Role and Relationship with City Bodies
1. Because the Council has the ability to review decisions made by the commissions and recommendations made by committees and task forces, Councilmembers shall not be appointed to City Boards or Commissions concurrent with their term of office.
2. Unless specifically authorized by a majority vote of a quorum of the Council, no Councilmember shall be authorized to testify before or direct the work of any board, commission, committee or task force of the City.
3. If the Councilmember is testifying in such a capacity pursuant to the above provision, testimony should be undertaken in such a manner as to assure public confidence in th lecision-making process and avoid the appearance of bias, prejudice, or imprope influence. Toward this purpose, the following protocol should be observed:
a. Councilmembers shall not testify in matters pending before any commission, ommittee, or task force that will receive, or could potentially receive, futur appeal or review before the City Council. Violation of this protocol shall requir the Councilmember to disqualify his or herself from participating in any appeal or review proceedings before the City Council.
b. Except in matters directly involving personal interests, Councilmembers, in their capacity as private citizens, should abstain from providing testimony or influencing decisions in matters pending before any City board, commission, committee or task force that will receive, or could potentially receive, future review or other action before the Council. Where a Councilmember elects to provide such testimony, the following rules shall apply:
• The Councilmember shall declare at the outset and upon the record that the Councilmember is present in his or her private capacity as an interested citizen, and not on behalf or at the request of the City Council.
• The Councilmember shall refrain from stating or implying that the Councilmember's position or opinion is that of the City Council. • The Councilmember shall refrain from directing City staff or the advisory body to take any action on behalf of the Councilmember. • The Councilmember shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the advisory board. • The Councilmember shall disqualify him or herself from participating in the matter should it come before the Council for review and/or decision.
E. Planning Commission
1. The Planning Commission serves as the advisory planning agency for the City by advising planning staff and City Council on matters of planning, land use, and the General Plan. The Commission makes recommendations to the City Council for legislative decisions and planning policies. The Commission also holds hearings on planning and zoning applications and serves as the decision-making body in certain circumstances as required in the California planning and zoning law, or by the lone Municipal Code.
a. It is important to note that City Council is the policymaker for the City's guiding land use rules and policies, with advice from the Planning Commission. b. Further, the Commission members are appointed by the City Council to implement to the City's land use rules and policies. Commissioners shall not direct City staff. Each member of City staff is responsible to their direct supervisor or the City Council, as applicable.
2. In accordance with the Brown Act, Commission discussion at each meeting shall be limited to items listed on the agenda. For items not on the agenda, discussion shall be limited to brief responses to statements or questions, announcements, requests for reports, or requests for future agenda items, as permitted by law. a. City planning staff shall be responsible for preparing Commission agendas and meeting materials.
b. Planning Commissioners may request further information from planning staff or that items be placed on future agendas. All such requests are subject to review and approval by City planning staff prior to placement on an agenda.
Regular meetings of the Commission are meetings held on the dates, times, and in the location set by the City Council.
a. All commission meetings shall be conducted in compliance with the Brown Act. 10 b. In the exercise of managing City resources and planning staff time, City planning staff and/or the City Manager have the discretion to cancel Commission meetings when there are no agenda items scheduled for formal hearings. c. The City Manager must authorize any special meeting of the Commission.
4. Commission meetings shall be open to the public and conducted in a dignified and respectful manner. Commissioners shall treat their duties and obligations seriously and conduct meetings in a manner that is productive and furthers the mission of the City. a. Commissioners shall evaluate all agenda items in a neutral and unbiased manner. b. Commissioners shall recuse themselves from any agenda item which they have a conflict of interest pursuant to state conflict of interest laws. c. Commissioners are discouraged from publicly discussing pending agenda items outside of Commission meetings in order to avoid the appearance of bias or rejudgment. Commissioners often sit in a quasi-judicial capacity, which mean levelopment applicants are afforded due process and fair hearing rights i anticipation of hearings to consider development applications. Failing to remain neutral prior to a quasi-judicial hearing may result in a Commissioner's disqualification from participating in the proceedings.
2.09 Service on Outside Boards
Councilmembers are often requested to serve on outside boards, councils, commissions, or committees. This type of representation serves to facilitate communication and provide interaction with other governmental bodies. The City Council appoints members to some of these groups on an as-needed or as-requested basis.
Councilmembers participating in policy discussions at regional meetings will represent the onsensus of the Council, except where regional appointment requires regional opinion. Person:
ositions, when given, will be identified and not represented as the position of the City Assignment and direction of staff in relation to regional meetings are at the discretion of the City Manager.
2.10 Incompatibility of Offices
In general, California law prohibits public officials from simultaneously holding more than one public office when the functions or responsibilities of the two offices have the potential for overlapping. This prohibition arises from a concern over the potential clash of two public offices held by a single official with potentially overlapping public duties. The Legislature may, however, expressly authorize through legislation the holding of two offices notwithstanding the fact that the dual holding would otherwise be prohibited. For example, the Legislature has exempted Local Agency Formation Commissions, the Coastal Commission, joint powers agencies, and transportation corridor agencies.
11 Chapter 3 Support Provided to City Council
3.01 Staff/Clerical Support
Staff and administrative support to members of the City Council is provided through the City Manager's Office. Secretarial services provided include distributing mail and email, scheduling appointments and receiving messages. All other Council requests for staff services are made by request to the City Manager who will assign the appropriate staff member. Sensitivity to workload of support staff is appreciated and turnaround time will vary depending on workload.
3.02 Office Equipment
To enhance Councilmembers' service to the community and their ability to communicate with staff and the public, the City provides meeting facilities and office equipment for City business. It is important to note that all letters, memoranda, and interactive computer communication (email) involving City Councilmembers and members of advisory boards and commissions, the subject of which relates to the conduct of government or the performance of any governmental function, with few exceptions stated by the Public Records Act, are public records.
A. Business and Personal Use of City Equipment
The City's electronic equipment and information systems are intended for professional business use in performing the duties of a Councilmember. Personal use of City equipment is prohibited
B. Photocopy Machines and Other Equipment
1. Photocopy Machines. Councilmembers may use the photocopier for City business.
2. Other equipment. Except as provided herein, in no event shall a Councilmember take City property to his or her home.
C. Monitoring, Enforcement and Penalties
1. City information systems or storage media are the property of the City of lone. The City retains the right to access, copy and change, alter, modify, destroy, delete or erase this property without prior notice to Councilmembers.
2. The City retains the right to monitor and audit the use of email and Internet use. The right to use these technologies does not include the right to privacy.
3. Deleted documents, messages and data may be retrieved from a variety of points in the network. Councilmembers should assume that electronic evidence discovery might recover deleted or unsaved data.
4. Councilmembers' use of a personal Internet account on City equipment, and 12 Councilmembers' use of a City Internet account on personal equipment are to be arranged through the City Manager and are subject to the provisions of this policy.
Said Councilmembers should be aware that their personal email and electronic files could be monitored by the City and could be reviewed as part of a Public Records request.
3.03 Meeting Rooms
Councilmembers may utilize the office space provided in the City Hall. Use of other meeting rooms, including the conference room located at City Hall, may be scheduled through the City Manager's Office.
3.04 Mail, Deliveries
Members of the City Council receive a large volume of mail and other materials that are delivered primarily through the use of mailboxes located in the City Council office. City Manager's staff disseminates mail to individual Council mailboxes. Staff does not open mail addressed to individual Councilmembers. General correspondence addressed to Councilmembers as a whole will be opened and delivered to the Council General Box. Councilmembers are encouraged to check mailboxes often. In addition, City staff will email, telefax or personally deliver materials that are time sensitive to a member's home or office, if appropriate.
3.05 Council Library
Located in the City Council's office is a library of current City plans and implementation programs. These documents are for reference and are not to be removed from the office. Copies can be made available for individual Councilmembers upon request to the department of origination. Each City Councilmember is issued a complete copy of the lone Municipal Code for their reference.
Chapter 4 Financial Matters
4.01 Council Compensation
The Municipal Code provides for payment of a modest honorarium to members of the City Council. State law sets the level of compensation. (Government Code § 36516 and IMC § 2.20)
4.02 Budget
The annual City budget includes appropriations for expenses necessary for members to undertake official City business. Funding provided includes membership in professional organizations, attendance at conferences or educational seminars, purchase of publications and office supplies. Reference is made to the attached City Manager's budget instructions.
4.03 Financial Disclosure
Candidates for the office of Councilmember shall file a financial disclosure statement with the City Clerk who will retain a copy and forward the original to the Fair Political Practices Commission (FPPC). (Government Code §§ 87200 et. seq.) Financial disclosure shall be filed with nomination papers, not earlier than one hundred thirteen (113) days before the election with the deadline being no later than eighty-eight (88) days before the election. (Calif. Elections Code) When Councilmembers assume office or leave office, whether by election, appointment, end of term or resignation, Statements of Economic Interests (FPPC Form 700) covering the previous 12- month period must be filed within thirty days. (Government Code § 87204) In addition, Councilmembers are required to file financial disclosure statements (FPPC Form 700) on an annual basis after January 1 and before April 1 of each year covering the previous calendar year. (Government Code 8 87203) Statements filed in any of the above cases will be available for public inspection.
4.04 Travel Policy
The City Council has adopted by resolution a travel policy. The City Council, staff, and appointed officials will be reimbursed for all approved travel as defined in the City Travel Policy up to the amount of an individual Councilmember's funds allocated for travel/training. In addition, a Councilmember may request in writing to the City Manager a reallocation of his/her unused travel budget to another Councilmember. "Approved Travel" means travel to attend training or conferences, or other City Council-directed travel activities.
A. Pre-authorization of Travel/Training
Councilmembers and appointed officials traveling on City business that involves an overnight stay shall submit a Travel/Training Authorization Form to the City Manager for approval.
The Travel Authorization Form will include a complete estimate of the costs of the trip, including conference registration, transportation, and per diem. The Travel Authorization Form will also include the purpose of the trip, the dates of travel, and other pertinent details. 14 In advance of any travel on City business, a Travel/Training Authorization Form must be submitted to and signed by the City Manager. The City Manager must authorize:
Overnight travel by elected or appointed officials
Use of a rental vehicle by elected or appointed officials Out-of-state travel by elected or appointed officials
B. Authorization for Reimbursement of Travel Expenses
Within ten (10) days of the close of the authorized travel period a final itemized Travel/Training Authorization Form, including all receipts and expense reimbursement requests, must be submitted to the City Manager for final approval and signature. The City Manager's Office will process and submit authorized travel reimbursement requests to the Finance Department.
4.05 City Credit Card Policy
Issuing Cards: The City credit card is available for use by the City Council and can be obtained from the City Manager's Assistant. Use of City credit cards is set forth in the City Credit Card Policy.
Cards Lost or Stolen: Lost or stolen cards must be reported to the Finance Director within one (1) working day of discovery.
Leaving Office: Each card holder must surrender the City credit card immediately upon leaving office, or upon request of the City Manager or Finance Director. Use of the card after privileges are withdrawn is prohibited.
15 Chapter 5 Communications
5.01 Overview
Perhaps the most fundamental role of a Councilmember is communication. Communication with the public to assess community opinions and needs, and to share the vision and goals of the City with constituents; and communication with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. Because the City Council performs as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members are expressing personal views and not those of the Council, the public should be so advised.
5.02 Correspondence from Councilmembers
Members of the City Council will often be called upon to write letters to citizens, businesses, or other public agencies. Typically, the Mayor will be charged with transmitting the City's position on policy matters to outside agencies on behalf of the City Council. Individual members of Council will often prepare letters for constituents in response to inquiries, or to provide requested information. City letterhead is available for this purpose, and staff can assist in the preparation of such correspondence.
On occasion, Councilmembers may wish to correspond on an issue on which the Council has yet to take a position, or about an issue for which the Council has no position. In these circumstances, members should clearly indicate that they are not speaking for the City Council as a whole, but for themselves as one member of the Council. City letterhead and office support may be utilized in these circumstances.
approval of the majority of Council.
City letterhead and staff support cannot be utilized for personal or political purposes.
5.03 Local Ballot Measures
At times, initiatives may be placed on the ballots that affect City Council policy. There are restrictions regarding what actions the City may take on ballot measures. Specifically, state statutes prohibit the City from using its personnel, equipment, materials, buildings, or other resources to pamphlets for the purpose of informing the public of the facts of an issue.
5.04 Proclamations
Proclamations are issued by the City Council as a ceremonial commemoration of an event or issue (e.g., National Night Out). Proclamations are not statements of policy. Proclamations are a manner in which the City can make special recognition of an individual, event, or issue.
Proclamations can be directly made if they have been listed on a previously approved list.
The Council-approved proclamations list is a separate document so that it can be added to after the Council has approved a new proclamation without having to pass a new resolution each time. All proposed proclamations not on the annually approved list must first be approved by the Council during a regular City Council meeting as an item on the Consent Calendar. When a proclamation is approved as a consent item, and if the proclamation is expected to be an annual event, description of the item shall include the phrase "and add proclamation to the Council-approved list." The decision to add or not to add a proclamation to the approved list shall be made following consultation between the City Manager and the Mayor at the time the Council meeting agenda is being prepared.
The list will be reviewed by the City Council every February following a City Council election. Proclamations not requested for two (2) years will automatically be deleted from the list of pre-approved proclamations.
5.05 State Public Records Disclosure Act
To ensure that business communications submitted to and by elected and appointed officials comply with the Public Records Act and the State Open Meetings Act (Brown Act), the following is set forth:
A. Communications, Generally
All letters, memoranda, and interactive computer email communications involving City Councilmembers and members of boards, commissions, committees and task forces, the subject of which relates to the conduct of government or the performance of any governmental function, with few exceptions as stated by the Public Records Act, are public records. Copies of such letters, memoranda, and email communications may not be provided to the public or news media without the filing of a public information disclosure request with the City Clerk. The City Clerk has adopted a protocol for processing such requests.
B. Written Communications
Written letters and memoranda received by the City on a specific agendum, addressed to a Councilmember or the Council as a body, will be photocopied and provided to all City Councilmembers, and a copy kept according to the City's Records Retention Schedule.
C. Electronic Communications
1. Informal messages with no retention value and that do not relate to the functional responsibility of the recipient or sender as a public official, such as meeting notices, reminders, telephone messages and informal notes, do not constitute a public record.
Users should delete these messages once their administrative purpose is served.
2. All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspection and copying; users may either print a copy of the record and file it with the City Clerk for retention, according to the City's Records Retention Schedule, or forward such email messages to "[email protected]" from which the City Clerk will print and file it according to the City's Records Retention Schedule.
3. Email communications that are intended to be shared among three or more Councilmembers, whether concurrently or serially, must be considered in light of the Open Public Meetings Act (Brown Act). If the intended purpose of the email is to have a discussion that should be held at an open meeting, the electronic discussion should not occur.
4. Email should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other "confidential" City business. In general, email is discoverable in litigation, and even deleted email is not necessarily removed from the system. Confidential email communications should not be shared with individuals other than the intended recipients or the attorney-client privilege protecting the document from disclosure may be waived.
5. Email will not be used for personal use, since Councilmembers' conventional email addresses include the City's "return address."
6. For public record purposes, all Councilmembers and appointed officials shall use their official City email account for City business. All Councilmembers and appointed officials are advised that City business conducted on cellphones, private email addresses, and other devices are considered public records and subject to disclosure.
Conducting City business outside of the designated City email address or cell phone can subject to the official and the City to liability and penalties for failure to comply with public record requirements.
18 Chapter 6 Conflicts of Interest
6.01 Ethics, AB 1234 Ethics Training
The City maintains a commitment to conducting business according to the highest achievable ethical standards. Recognizing that ethical dilemmas may arise and that public officials must make difficult choices after careful consideration of competing public, personal and/or private interests at stake, the Council has adopted a code of ethical conduct, which is contained in Appendix 1.
The City Manager is subject to a professional code of ethics as a member of the International City/County Management Association (ICMA). These principles appear in the Appendix 2 of this Manual. It should be noted that this code binds the City Manager to certain practices that are designed to ensure actions are in support of the City's best interests. Violations of such principles can result in censure by the ICMA.
State law (Government Code § 53234, et seq.) requires public officials to complete two (2) hours of training in ethics principles and laws every two years. In addition to Councilmembers, lone requires the training of all of its Commissioners (Planning and Park and Recreation), its City Manager, its Department Directors, its mid-managers when they staff a City Commission, and the Chairperson and Vice Chairperson of each committee or board. Additionally, the City Council encourages all committee and board members to complete the training. At present, the League of California Cities offers AB 1234 training, often in conjunction with League conferences or other training workshops, and on-line training is offered for a nominal fee through the Institute for Local Government and the Fair Political Practices Commission. Certificates of course completion are kept on file by the City Clerk. (lone Resolution No. 1385.)
6.02 Conflicts of Interest
There are numerous sources of conflicts of interest that may require a Councilmember to disqualify himself or herself from participating in decision-making. The Political Reform Act (PRA) controls financial conflicts of interest of public officials. The PRA is one of the most complicated laws affecting local government. This law is implemented and enforced by the Fair Political Practices Commission (FPPC) which has issued comprehensive implementing regulations. To understand the PRA's impact on a Councilmember's actions, it is suggested that members discuss the law and potential conflicts with the City Attorney or a private attorney. All Councilmembers and City officials are advised that violation of conflict of interest laws can subject the official to personal liability and they cannot rely on the advice of the City Attorney for protection.
In general, under the PRA, public officials are prohibited from making, participating in or in any way attempting to use their official position to influence a government decision in which they know or have reason to know they have a financial interest. (Government Code § 87100, 2 California Code of Regulations §§ 18700, 18702-18702.4.) A "public official" is defined as including every member, officer, employee or consultant of the state or local government agency. (Government Code § 82048; 2 California Code of Regulations § 18700). 19 A. Applicability
Under the PRA and associated FPPC regulations (2 California Code of Regulations, § 18700 et seq.), an official has a financial interest if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of the following:
1. Any business entity in which the public official has a direct or indirect investment, or in which the public official is a director, officer, partner, trustee, employee, or holds any position of management.
2. Any real property in which the public official has a direct or indirect interest.
3. Any source of income to the public official.
4. Any source of a gift to the public official, over the limit established by the FPPC, within the prior twelve (12) months when the decision is made.
5. The personal finances of the public official and those of immediate family, including their expenses, income, assets, or liabilities.
All affected public officials are encouraged to refer to FPPC regulations and guidance materials for the specific materiality standards as to each type of financial interest that precludes participation in the subject of a City item. The FPPC has published lengthy regulations and opinions on conflicts of interest that are useful in determining whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest. The FPPC also puts out informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest.
B. Analysis
In general, the FPPC suggests that a four-part analysis be followed in determining whether a conflict of interest exists (2 California Code of Regulations, § 18700 et seq.):
• Step 1: Is it reasonably foreseeable that the governmental decision will have a financial effect on any of the public official's financial interests? • Step 2: Will the reasonably foreseeable financial effect be material? • Step 3: Can the public official demonstrate that the material financial effect on the public official's financial interest is indistinguishable from its effect on the public generally?
• Step 4: If after applying the three-step analysis and determining the public official has a conflict of interest, absent an exception, the official may not make, participate 20 in making, or in any way attempt to use the official's position to influence the governmental decision.
C. Disqualification and Disclosure
When the agenda item is called or at the beginning of the meeting during declaration of conflict of interest exists, describe the nature of the economic interest giving rise to the conflict, disqualify himself or herself, and leave the room. Ideally, Councilmembers will become familiar enough with the sources of conflicts to determine in advance whether disqualification is necessary.
However, if a Councilmember becomes aware of a potential conflict only during the meeting, it is perfectly appropriate for the Councilmember to ask for a break in order to discuss the matter with the City Attorney, if necessary. If any Councilmember questions a potential conflict of interest related to another Councilmember, a recess may be called at the request of the Councilmember who may have a conflict to allow discussion of the issue with the City Attorney to determine if there is a conflict. If the Councilmember decides a conflict exists, that Councilmember may not participate in any aspect of the decision-making, including discussing the matter with City staff.
Declarations of conflicts of interest are personal to the individual with the actual or potential conflict. No Councilmember or City staff member may declare or assert a conflict of interest on behalf of another. The agenda item providing for declarations of conflicts of interest is solely for the purpose of individual self-disclosure and does not permit discussion, debate, or commentary regarding the conflicts or alleged conflicts of other Councilmembers or City staff.
If any Councilmember suspects there may be a conflict of interest for another Councilmember, the Councilmember is encouraged to notify the City Manager and the City Attorney of the perceived conflict in advance of the meeting for further evaluation.
D. Legally Required Participation
In the event that a decision cannot be made because a majority of the Council is disqualified due to conflicts of interest, the PRA allows the minimum number of Councilmembers necessary to constitute a quorum to return and participate in the decision to the minimum extent required.
The Councilmembers permitted to participate must be chosen through a random process. (Government Code § 87101)
E. Conflict of Interest Code
The City is required to adopt and maintain a Conflict of Interest Code. This Code is found in the lone Municipal Code at Title 2, Chapter 8. Under state law, the code must be reviewed every two (2) years and amended as circumstances change. The City's code must be consistent with minimum requirements of the PRA. (Government Code §§ 87300-87313) F. Advice on Conflict of Interest
The City Attorney may provide advice to a Councilmember about the existence of a conflict of interest. However, advice given by the City Attorney does not protect the 21 Councilmember from an enforcement action by the FPPC or criminal prosecution. A Councilmember may seek a formal written opinion from the FPPC on a particular set of facts.
Such an opinion letter would provide protection from an enforcement action arising under the same set of facts.
G. Other Sources of Conflict
In addition to the PRA, State law prohibits Councilmembers from entering into contracts with the City. (Government Code § 1090 et. seq.) In general, this type of conflict is not subject to remedy through the disqualification of the interested Councilmember, but must instead be entirely avoided by the Council. There are, however, numerous exceptions to this provision that will allow the Council to enter into certain contracts after disqualification of the interested Councilmember and those should be reviewed with the City Attorney on a case-by-case basis. (Government Code § 1090 et. seq.)
H. Revolving Door Policies
For a period of one (1) year after leaving office, state law prohibits Councilmembers and hiet administrators from accepting employment with the City, or from acting as agent or attorney or any other person by appearing formally or informally, orally or in writing before the Counci or any of its commissions, or committees if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance of, amendment to, award of, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. (Government Code § 87406.3) I City Officials and Appointed Members of Boards Commissions and Committees City Officials and appointed members of Boards, Commissions, and Committees of the City shall observe the same conflict of interest rules applicable to the City Council. 22 Chapter 7 Interaction with City Staff/Officials
7.01 Overview
City Council policy is implemented through dedicated and professional staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so policies and programs may be implemented successfully. To support effective relationships, it is important that roles are clearly recognized.
7.02 Council-Manager Form of Government
Ione has a Council-Manager form of government. Basically, with this structure, the City Council's role is to establish City policies and priorities. The Council appoints a City Manager to implement those policies and undertake the administration of the organization.
The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of city government, to prepare and monitor the principal budget, and to implement the policies and programs initiated by the City Council. The City Manager is responsible to the City Council, rather than to individual Councilmembers, and directs and coordinates the various departments. The City Manager is responsible for appointing all department directors and authorizing all other personnel positions except the City Clerk, City Attorney, and City Treasurer (lone Municipal Code § 2.10.100). The City Council authorizes positions through the budget process; based upon that authorization, the City Manager makes the appointments.
The Council-Manager form of government is outlined in the Government Code. The powers and duties of the City Manager include:
• Generally supervise over the administrative affairs of the City • Appoint and remove at any time any department directors and employees • Attend all meetings of the Council at which the Manager's attendance may be required by that body (lone Municipal Code § 2.10.130)
• See that all laws and ordinances are faithfully executed, subject to the authority which the Council may grant the Mayor to maintain law and order in times of emergency • Recommend for adoption by the Council such measures as the Manager may deem necessary or expedient
• Prepare and submit to the Council such reports as may be required by that body, or as deemed advisable to be submitted
• Keep the Council fully advised of the financial condition of the City and its future needs
23 • Prepare and submit to the Council a proposed budget for the fiscal year, and be responsible for its administration upon adoption
Perform such other duties as the Council may determine by ordinance or resolution • Implement and administer City Council policy
7.03 City Council Non-interference
The City Council is to work through the City Manager when dealing with administrative services of the City.
In no manner, either directly or indirectly, shall a Councilmember become involved in, or attempt to influence, personnel matters that are under the direction of the City Manager. No member of the Council shall, by suggestion or otherwise, attempt to influence or coerce the City Manager concerning appointments to City offices or employment. Nor shall the City Council be involved in, or influence, the purchase of any supplies beyond the requirements of the City procurement code/procedures.
Except for the purpose of inquiry, the Council and its members will deal with the administrative service solely through the City Manager or designee, and neither the Council nor any commission, committee or member of a board shall give an order to, try to influence, coerce or direct, either formally or informally, any subordinate of the City Manager.
Violations of the provisions of this section by any of the above persons, if reported by any staff to the City Manager, will be brought forth to the entire City Council for review. The Council, on a case-by-case basis, will establish what, if any, corrections and/or sanctions are appropriate.
See Chapter 9 $ 9.03.
7.04 City Council/City Manager Relationship
The employment relationship between the City Council and City Manager honors the fact that the City Manager is the chief executive of the City. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters Disagreements should be expressed in policy terms, rather than in terms that question satisfactior with or support of the City Manager.
The City Manager respects and is sensitive to the policy responsibilities of the City Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the City Council.
A. Performance Evaluation
The City Council is to evaluate the City Manager on an annual basis to ensure that both the City Council and City Manager are in agreement about performance and goals based upon mutual trust and common objectives. The City Manager's performance is evaluated in the following areas:
24 leadership, teamwork, job knowledge, attitude, accountability, empowerment, communication, problem-solving skills, quality of service, safety/risk-taking, implementation, and administration of adopted Council policy.
7.05 City Council/City Staff Relationship
City Councilmember contact with City staff members, inclusive of the City Manager, will be during regular business hours, except in the case of an emergency.
7.06 City Council/City Attorney Relationship
Pursuant to recommendation of the City Manager, the City Council shall make provision for obtaining legal counsel for the City, either by appointment of a City Attorney on a full-time or part- ime bass, or by any reasonable contractual arrangement for such professional services. The City attorney is a contract employee appointed by the City Council. The City Attorney is the legal dvisor for the Council, its committees, commissions and boards, the City Manager, and all Cit officers and employees with respect to any legal question involving an official duty or any lega matter pertaining to the affairs of the City. The general legal responsibilities of the City Attorney are to:
1. Provide legal assistance necessary for formulation and implementation of legislative policies and projects;
2. Represent the City's interest, as determined by the City Council, in litigation, administrative hearings, negotiations, and similar proceedings;
3. Prepare or approve as to form ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes and intentions of the City Council; and
4. Keep City Council and staff apprised of court rulings and legislation affecting the legal interest of the City.
It is important to note that the City Attorney does not represent individual members of the Council, but rather the City Council as a whole. Accordingly, with the exception of conflict of interest inquiries, in questions involving pending or upcoming matters, or protocol and procedure, the City Attorney's services are engaged and directed through the City Manager. Individual Councilmembers may seek advice or assistance from the City Attorney in accordance with the City Policy for Use of the City Attorney and Communications Between the City Council and City Attorney adopted by Resolution No. 2025-40, attached hereto and incorporated herein as Appendix
3. 7.07 Roles and Information Flow
A. Council Roles
25 The full City Council retains the authority to accept, reject, or amend the staff recommendation on policy matters.
Members of the City Council must avoid intrusion into those areas that are the responsibility if statt. Individual Councilmembers may not intervene in staff decision-making, the developmen of staff recommendations, scheduling of work, and executing department priorities without the pric Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, or priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy.
B. Access to Information / Confidential Information
The City Manager is the information liaison between the Council and City staff. Requests from Councilmembers for information are to be directed to the City Manager and will be responded to promptly. The information requested will be copied to all members of the Council so that each member may be equally informed. The sharing of information with the City Council is one of the City Manager's highest priorities.
There are limited restrictions controlling when information cannot be provided. The City is legally bound not to release certain confidential personnel information. Likewise, certain aspects of police department affairs (e.g., access to restricted or confidential information related to crimes) may not be available to members of the City Council.
Confidential issues, which may arise in closed session or in other conversations or communications with the City Manager or City Attorney, shall not be disclosed to any member of the public, including the press, without approval of the City Council. Confidential issues include but are not limited to anticipated or existing litigation, personnel matters, or other information relevant to City business that is confidential in nature. The release of any confidential information obtained or discussed in closed session may be subject to injunctive relief or referred to the grand jury or the District Attorney's office as a Brown Act violation.
C. Staff Roles
The Council recognizes the primary functions of staff as executing Council policy and actions taken by the Council, and in keeping the Council informed. Staff is obligated to take guidance and direction only from the City Manager or Department Director. This direction follows the policy guidance of the City Council as a whole. Staff is directed to reject any attempts by individual Councilmembers to unduly direct or otherwise pressure them into making, changing, or otherwise influencing recommendations.
City staff will make every effort to respond in a timely and professional manner to all requests for information or assistance made by individual Councilmembers provided that, in the judgment of the City Manager, the request is not of a magnitude, either in terms of workload or 26 policy, which would require that it would be more appropriately assigned to staff through the direction of the full City Council.
7.08 Dissemination of Information
In addition to regular, comprehensive memoranda written by the City Manager directly to City Council concerning all aspects of City operations (exclusive of confidential personnel issues), all Councilmembers receive copies of all correspondence received by the City Manager that will assist them in their policy-making role. The City Manager also provides other documents to Council on a regular basis, such as status reports, executive summaries, and agendas of all weekly senior staff meetings.
A variety of methods are used to share information with Council. Workshops and study sessions are held to provide detailed presentations of matters. The City Manager's open-door policy allows individual Councilmembers to meet with the Manager on an impromptu or one-on-one basis.
7.09 Magnitude of Information Request
Any information, service-related needs, or policy positions perceived as necessary by individual Councilmembers that cannot be fulfilled based upon the above guidelines should be considered as an item for the agenda of a City Council meeting. If so directed by action of the Council, staff will proceed to complete the work within a Council-established timeline.
7.10 Staff Relationship to Advisory Bodies
Staff support and assistance may be provided to the City's boards, commissions, committees and task forces. These bodies, however, do not have supervisory authority over City employees.
While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and, ultimately, the City Manager. The members of the commissions, boards, or committees are responsible for the functions of the advisory body. The chairperson is responsible for committee compliance with the municipal code and/or committee bylaws. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations.
Staff support includes: (1) preparation of a summary agenda and appropriate notice after review by the chairperson; (2) preparation of reports providing a brief background of the issues, a list of alternatives, recommendations, and appropriate backup materials, if necessary; and (3) preparation of minutes of advisory body meetings. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues.
Advisory bodies wishing to communicate recommendations to the City Council shall do so through the City Manager's Office. In addition, when an advisory body wishes to correspond with an outside agency, correspondence shall be reviewed and approved by the City Council.
7.11 Restrictions on Political Involvement by Staff
Ione is a nonpartisan local government. Professional staff formulates recommendations in 27 compliance with Council policy for the good of the community, not influenced by political factors.
For this reason, it is very important to understand the restrictions of political involvement of staff.
By working for the City, staff members do not surrender rights to be involved in political activities. Employees may privately express their personal opinions. They may register to vote, sign nominating or recall petitions, and they may vote in any election.
7.12 Council Attendance Policy
Vacancy for Nonattendance
A Council position shall become vacant if the Councilmember fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council. (IMC Section
2.04.030)
At the start of each City Council meeting, the City Clerk will call the roll. Any absent Councilmember who has called the Mayor or City Manager's Office before 4:30 p.m. on the day of the meeting to advise of such absence may request to be excused. 28 Chapter & City Council Meetings
The City Council's collective policy and law-making powers are put into action at the council meetings. It is here that the Council conducts its business. The opportunity for citizens to be heard, the availability of local officials to the citizenry, and the openness of council meetings all lend themselves to the essential democratic nature of local government.
8.01 Meeting Schedule
Regular meetings are held the first and third Tuesdays of each month at 6:00 p.m., in the Council Chambers, 1 E. Main Street, lone. By a majority vote of the Council, meetings not completed by 10:30 p.m. will be continued to the following Wednesday at 6:00 p.m. in the Council Chambers. In accordance with Chapter 2.04 of the Ione Municipal Code, closed session meetings are considered part of the Council's regular meeting and may begin earlier than 6:00 p.m., as needed, so long as the closed session items are agendized and the time for their consideration is specified in the agenda.
8.02 Public Notice of Meetings and Hearings
Pursuant to the Government Code, cities are charged with establishing a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. The procedure followed by the City of lone is as follows:
A. Notices
Except where a specific means of notifying the public of a public hearing is otherwise provided by law or ordinance, notice of upcoming public hearings before the City Council or the City's Boards and Commissions shall be given by one publication of a notice containing the time, place, date, subject, and body before whom the hearing is to be held, in the City's official newspaper consistent with State law.
B. Preliminary Agenda of Council Meeting
The public shall be notified of the preliminary agenda for the forthcoming regular City Council meeting by posting a copy of the agenda in the following public places in the City at least seventy-two (72) hours in advance of the meeting:
• Ione City Hall Outside Bulletin Board 1 E. Main Street, Ione, CA 95640 • United States Post Office Bulletin Board, lone, CA
• Electronic Posting City of lone Web Page
C. Duties of City Clerk
29 The City Clerk is directed to publish notices and post agendas as required by § 8.02 of the lone City Council Protocol Manual.
The Government Code addresses the subject of special meetings. For special meetings, only those items specifically listed on the agenda may be discussed, considered, or decided.
The City Clerk is responsible for posting the notice of public meeting at least seventy-two (72) hours in advance of the meeting. Posting locations include the City Clerk's Office at City Hall.
8.03 Emergency Meetings
State Law permits the Council to hold an emergency meeting without providing advance 24-hour notice when prompt action is necessary due to the disruption or threatened disruption of' public facilities during an emergency situation. Emergency situations are those matters immediately affecting the public health, safety and welfare of the community. (Government Code § 54956.5)
8.04 Special Meetings
Special meetings may be called by either the Mayor or Vice-Mayor or Acting Mayor in the absence of the Mayor. Additionally, as long as substantive consideration of agenda items does not occur, a majority of the Council may meet without providing notice to the public, in order to call a special meeting and prepare an agenda. When a special meeting is called by a majority of the Council, a representative of this majority shall notify the City Clerk of such special meeting call, who shall prepare a notice of special meeting, to be signed by all members of the majority calling the special meeting. Notice of a special meeting will be made by the City Clerk by delivering personally, by mail, or by facsimile, written notice to each member of the Council and to each local newspaper of general circulation, and to each local radio or television station which has on file with the City a written request to be notified of such special meeting or of all special meetings at least twenty-four (24) hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.
The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical, and increase the likelihood of such injury or damage.
At all regular and special meetings, public comments are invited during a public hearing before or during consideration of any item on the agenda. Public comment is appropriate on any matter within the jurisdiction of the City Council. All regular meeting agendas must provide a time for the public to address the body on items not on the agenda.
8.05 Study Sessions (Workshops)
The City Council may meet informally in a study session. The study session is the forum used by Council to review forthcoming programs of the City, to receive progress reports on current issues, or to receive similar information from the City Manager and others. All discussions and conclusions held during a workshop are of an informal nature. Although no final action is taken 30 while in a study session, a majority of the Council may give City staff preliminary direction on what to bring back to the Council for later consideration. Such direction given at a study sessior loes not in any way obligate a Councilmember to vote in a particular way if the item is later brough back to the Council for further review.
8.06 Placing Items on the Agenda
A. City Council Agenda Planning
Any Councilmember, including the Mayor, may request that an item be placed on a City Council agenda by submitting a written request to the City Manager. The written request must generally contain the following information:
1. An outline or summary of the information that the Councilmember would like to be presented to the City Council;
2. Potential actions that the City Council may consider on the item; and,
3. An explanation why it is appropriate and within the jurisdiction of the City Council to consider this subject matter and to take the requested action.
All items requested by Councilmembers for presentation to the City Council shall be reviewed by the City Manager. If authorized by the City Manager, the item shall be placed on the agenda as soon as possible with consideration for staff preparation of the item and scheduling issues. Alternatively, before thorough preparation or evaluation of the item by City staff, the City Manager may refer the request to the City Council for further direction and placement of the item on a future agenda.
For all agenda item requests, the City Manager shall control and direct the preparation of the agenda item, including but not limited to, if such item shall be a closed session item as permitted by law, an informational or discussion item, a resolution, ordinance, or such other form best suited for the nature of the request.
For all agenda item requests, Councilmembers are advised that input from the City Attorney may be required.
D. Emergency or Other Items Added to the Agenda
Emergency items may be added to an agenda in accordance with state law. The reason(s) for adding an emergency item to the agenda shall be announced publicly at the meeting, and the issue shall be included in the minutes of the meeting. Placing emergency items on the agenda requires a majority vote of the Council and the items are taken up as the last item on the agenda.
Additionally, the Council may add items to the agenda upon a 4/5ths vote determining that there is need to take immediate action and that the need for action came to the City's attention after posting the agenda. (Government Code § 54954.2(b))
31 8.07 Development of the Agenda
a. All City Council agenda items shall be authorized by the City Manager, the Mayor, or Department Heads as appropriate.
All closed session items shall be authorized by the City Attorney.
Staff is required to submit a Staff Report for each topic of discussion on the City Council agenda to the City Manager. The City Manager in his/her discretion may establish deadlines for filing agenda materials with the City Clerk for the upcoming Council meeting.
For items on the regular agenda, the agenda item description or the staff report should indicate if the agenda item was initiated or requested by a Councilmember.
The City Manager or his/her designee shall use his/her best efforts to maintain a list f all agenda item requests received from Councilmembers, City commission ommittees, and members of the public. The City Manager or his/her designee sha periodically update the City Council about outstanding agenda item requests for the Council to consider placing on a future agenda.
f. Subject to exceptions based on need or urgency, the Agenda Packet will be made available for the Councilmembers, staff, public, and media on the Thursday prior to the Council Meeting.
8.08 Order of Business
The City Council, by adoption of an ordinance or resolution, establishes the general order of meetings. This section summarizes each meeting component. The Council may, at any time, by simple majority of those present, vote to consider items in a different order.
1. Roll Call
II. Closed Session (exact time to be indicated on the agenda) The City Council will move to Closed Session on any matter on the agenda, such as litigation, personnel, or real estate matters. Closed Session matters shall be recorded and retained in accordance with the City Policy for Audio/Video Recording of Closed Session Meetings, attached and incorporated hereto as Appendix 4.
III. Call to Order & Pledge of Allegiance
The Mayor, or in the Mayor's absence the Vice-Mayor, presides over all meetings of the City Council, and after determining that a quorum is present, calls the meeting to order. In the absence of the Mayor and Vice-Mayor, the City Clerk shall call the Council to order, whereupon a temporary Mayor Pro-tern shall be elected by the members of the Council present. Following the call to order, those in attendance are asked to join the Council in reciting the Pledge of Allegiance. 32 IV. Roll Call
The City Clerk takes roll and announces the presence or absence of individual Councilmembers.
V. Reports/Announcements from Closed Session (if any)
VI. Approval of the Agenda
The City Council makes any adjustments to the agenda, then approves it.
VII. Declaration of Conflicts of Interest
Any Councilmember or staff member who has a direct conflict of interest with any item on the agenda shall declare the conflict with any item on the agenda at this time.
VIII. Presentations or Announcements
This time is for proclamations, presentations or announcements as scheduled with the Mayor or City Manager.
IX. Public Comment on Non-Agenda Items
This time is provided for members of the public to address the Council or submit written communications on matters not on the agenda. At the conclusion of all oral communications, Council may respond to statements. Any request that requires Council action will be set by the Council for a future agenda or referred to staff. Speakers addressing Council may be limited to four (4) minutes and a time limit on the length of Oral Communications may be imposed. Speakers unable to be heard during this portion of Oral Communications, due to the Council setting a time limit, will be heard at 10:30 p.m. or directly following the completion of all other City business.
X. Approval of minutes and consent calendar items
All matters on the Consent Calendar are considered to be routine by the City Council and are enacted on one motion. If discussion is required, that item is removed from the Consent Calendar and considered separately. At the end of the reading of the Consent Calendar, any Councilmember may remove an item from the Consent Calendar XI. Regular agenda action items, ordinances, resolutions, and council orders All matters will be presented by staff and discussed with the City Council and public comment received prior to action being taken by the City Council.
XII. Written Correspondence
These are items received by the City the Tuesday prior to the City Council meeting that are 33 shared with the City Council, with direction given to staff if necessary.
Written correspondence and/or documents received by the City shall be shared with the Council if pertaining to City business and are public documents as defined by the California Public Records Act, Government Code Section 7920.000 et seq. Such documents are disclosable unless they fall within the exceptions provided by the Public Records Act.
XIII. City Attorney Report
XIV. City Manager's Report
All reports shall be specifically limited to items relating to City business and shall not request or lead to action by the Council at this meeting.
XV. Councilmember Comments / Committee Reports / Future Agenda Items XVI. Adjournment
By majority vote of the Council, meetings not completed by 10:30 p.m. will be continued to the following Wednesday at 6:00 p.m. in the Council Chambers. Should Council vote to continue the meeting past 10:30 p.m., discussion on an item on the agenda that either requires or allows for public input may not begin without a unanimous vote of the City Councilmembers present. (Closed session items may begin later.)
8.09 Council Action
The City Council exercises legislative authority through a simple motion, an amendment to •a motion, adoption of a resolution, or adoption of an ordinance. Depending on the item, staff reports will generally attempt to present appropriate motions, with options, for the Council to make. The City Council is encouraged to review the staff recommendations and use presented options as a template when making a motion. In most situations, a majority of the members present is adequate to adopt a motion; however, this is not always the case, and staff will advise the Council when either a super majority or majority of the entire body is required. In addition, in most situations a voice vote is all that is required for Council action; however, the Presiding Officer or staff will advise the Council when a roll call vote is required. Motions should be concise and give clear direction to staff.
Although finality in action is an important principal in government, there may be occasions when the Council wishes to reconsider a motion it has previously passed. In such circumstances, a request to reconsider an item previously voted on can only be made by a Councilmember who voted against the original motion. Such request can be made at a later time after the original motion and does not need to be made at the same meeting.
8.10 Legislative and Quasi-Judicial Actions of the Council The Council can take both legislative and quasi-judicial action. In general, the Council acts in a legislative capacity when it takes action to adopt policies, plans, and ordinances of general 34 application. In these situations, a Councilmember may rely on any information he or she lawfully obtains when participating in a decision-making process. In contrast, the Council will also act in a quasi-judicial capacity when it acts on matters that implicate constitutionally protected property and liberty interests. These types of actions generally involve land use entitlements and other types of permits, licenses, etc.
The distinction between legislative and quasi-judicial activity is especially important because of the rights that are given to the applicant. Specifically, an applicant in a quasi-judicial matter is entitled to due process of the law. This includes a right to have a decision made on the record by a fair and impartial Council. In order to ensure these rights are satisfied, the Council must disclose all ex parte communication it receives; that is, information or evidence a Councilmember obtains from outside the Council hearing on the matter. Additionally, Councilmembers may be called upon to answer questions about potential bias.
8.11 General Parliamentary Procedure
Parliamentary procedures set the agreed-upon standard for conducting business. For general guidance, the Council will follow Rosenberg's Rules of Order, attached and incorporated hereto as Appendix 5. Certain processes are subject to state code and must be complied with. The Council will accept direction from the City Manager/City Clerk and the City Attorney on the code. For other matters, the lone City Council has a tradition that adheres to the common parliamentary practices used by similar institutions to facilitate the orderly processing of the business of its meetings. When necessary to resolve issues that may arise over the process, the Mayor will refer to the City Attorney, who will act as the Parliamentarian. Upon such advice, the Council will vote and follow the decision of the majority.
The rules of order are adopted to expedite and facilitate the transaction of City affairs and Council matters in an orderly fashion. Failure to strictly observe the guidelines does not affect the jurisdiction of or invalidate any action taken by the Council. These guidelines are not exclusive and do not limit the inherent power and general legal authority of the Council, or of the Mayor/Presiding Officer, to conduct meetings and the affairs of the City as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective administration.
8.12 City Councilmembers Conduct and Participation at Meetings In the process of debate and decision-making, each member of the City Council will:
• Fully participate in City Council meetings and other public forums while demonstrating respect, trust, kindness, consideration, and courtesy of others; • Prepare in advance of Council meetings and be familiar with the issues on the agenda; • Be respectful of other people's time. Stay focused and act efficiently during public meetings;
Serve as a role model of leadership and civility to the community; 35 • Inspire public confidence in the City of lone government; • Demonstrate honesty and integrity in every action and statement; and • Be responsible and accountable for your words and actions. 36 Chapter 9 Protocol Administration
9.01 Biennial Review
The City Council will review and revise the City Council Protocol Manual as needed, which is held on file with the City Clerk. The City Council will specifically review, and if necessary, revise, the Protocol Manual each year following a City Council election, or more often as deemed necessary
9.02 City Attorney as Protocol Advisor
The City Attorney shall assist the Mayor and serve as an advisor for interpreting the City Council's adopted Protocol Manual.
9.03 Adherence to Non-interference Policy
The City Council delegates to the City Manager the responsibility to discuss with any Councilmember, on behalf of the full Council, any perceived or inappropriate interference or encroachment of administrative services. The City Manager will discuss with the Councilmember the action and suggest a more appropriate process or procedure to follow. If inappropriate action continues after this discussion, the City Manager will report the concern to the full Council.
9.04 Applicability of Protocol Manual
The City Council Protocol Manual shall apply when the Council is sitting as another entity or agency. The role of Mayor and Vice-Mayor shall be interchangeable with the Chair and Vice- Chair, or President and Vice-President, when sitting as another entity. 37 Chapter 10 Civility and Decorum
10.01 General
A. Councilmembers are expected to uphold a high standard of civility toward one another, the public, and City staff. Councilmembers shall refrain at all times from rude and derogatory remarks, remarks as to integrity, abusive comments, and statements as to motives and personalities. Councilmembers should remain mindful that, while in public, they are viewed as elected representatives of the citizens of the City and should conduct themselves in a respectful and dignified manner at all times.
B. Appointed members of Boards, Commissions, and Committees of the City shall observe the same rules of civility and decorum applicable to the City Council.
C. During meetings, all Councilmembers present shall preserve safety and order; not engage in disruptive behavior; not disrupt the peace and order of the meeting; listen to others respectfully and not interrupt those who are speaking.
10.02 Code of Ethics
Councilmembers shall abide by the Code of Ethics adopted by Resolution No. 1384, which is attached hereto and incorporated herein as Appendix 1.
10.03 Social Media Policy
A. The City does not create, maintain, or provide support for individual Councilmember social media accounts.
B. Councilmembers who maintain personal social media or other digital media accounts are advised that, similar to City email or any other written or recorded communications related to the official conduct of City business, digital communications, social media posts, and messages concerning matters that are before the City for action or otherwise within the City's jurisdiction may constitute official City business. Such communications may be subject to applicable laws and policies including, but not limited to, the following:
a. The California and United States Constitution.
b. The California Public Records Act.
c. The Ralph M. Brown Act.
C. Any social media activity by a Councilmember that can reasonably be interpreted as relating to "official City business" shall comply with the following requirements:
post account shall include a disclaimer stating:
"OPINIONS/STATEMENTS ARE MY OWN AND NOT OF THE CITY OF
IONE."
b. Councilmembers shall not delete comments or mute other social media users from posts conducting official City business.
c. Councilmembers shall not block other social media users from accessing any social media account that is used for official City business. d. In compliance with the Brown Act, Councilmembers shall not deliberate or discuss City business among themselves on any social media platform.
D. Nothing in this Policy prohibits a Councilmember from maintaining personal social media accounts or expressing views about City business.
E. The City Council values the roles and efforts of City staff and employees. Personnel matters are subject to confidentiality requirements and are often subject to future action or approvals from City Council. To protect the labor and privacy rights of City staff/employees and the City from liability, Councilmembers shall not post about personnel matters that may prejudice the City in labor negotiations or that creates a hostile work environment for City staff/employees.
F. For all social media communications, Councilmembers shall follow the civility and decorum rules adopted by the City Council. Councilmembers are encouraged to express disagreements in the form of policy and not personal attacks on the motives of other Councilmembers.
G. The City Council strongly encourages Councilmembers to express their views and exercise their First Amendment rights. However, all Councilmembers are advised that the following forms of speech are not protected by the First Amendment, including but not limited to, threats, incitement, defamation, fraud, and harassment. Under defamation law, even for statements about public officials, statements made with reckless disregard for the truth or knowledge of falsity are not subject to First mendment protections. In addition, all Councilmembers are expected to respect th ill of the Council, and interfering with contractual or business relations of the Cit
10.04 Censure Policy
Councilmembers may be subject to censure pursuant to the Censure Policy adopted by Resolution No. 2025-10, which is attached hereto and incorporated herein as Appendix 6. 39 RESOLUTION NO. 1384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE
ADOPTING A CODE OF ETHICS FOR MEMBERS
OF THE CITY COUNCIL
WHEREAS, the lone City Council desires to achieve public faith in the ethical ideals of American democratic government; and
WHEREAS, the lone City Council, as a public body, desires to maintain high standards.
BE IT RESOLVED, that this Ione City Council adopt a CODE OF ETHICS for its embers, setting forth standards as a means of reaching ethically sound decisions, base , the followin
1) We shall serve equally all members of the community without prejudice or favoritism toward any individual, group, organization or economic interest. 2) We shall promote and protect the health and safety of all members of the community.
3) We shall serve with efficiency, respect legality and heed the commands of due diligence and morality;
4) We shall recognize that we are agents of public purpose not owners of authority;
5) We shall deal with all employees, fellow officers, and members of the public without regard to political partisanship;
6) We shall promote and affirm equal opportunity for appointments and promotions of all persons without regard to race, color, religion, national origin, gender, age, or physical or mental disability;
7) We shall recognize the obligation to participate fully and responsibly in matters and organizations concerned with the betterment of life in the City of Ione;
8) We shall exercise our authority and prestige for the benefits of the City of Ione and all members of the community and never for personal or private advantage;
9) We shall always consider how our official actions and personal behavior might be interpreted by the public;
10) We shall avoid personal invectives in public or closed forums; 11) We shall conduct Regular Council meeting in accordance with the Parliamentary Procedure set down in Robert's Rules of Order (Revised Edition).
PASSED AND ADOPTED this 21st day of January 2003, by the following vote:
AYES: Ulm, Thomas, Germolus, Podesta, Sinclair
NOES:
ABSENT:
ABSTAIN:
ATTEST:
ICMA CODE OF ETHICS
The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:
1. We believe professional management is essential to effective, efficient, equitable, and democratic local government.
2. Affirm the dignity and worth of local government services and maintain a deep sense of social responsibility as a trusted public servant.
3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public.
4. Serve the best interests of all community members.
5. Submit policy proposals to elected officials; provide them with facts, and technical and professional advice about policy options; and collaborate with them in setting goals for the community and organization.
6. Recognize that elected representatives are accountable to their community for the decisions they make; members are responsible for implementing those decisions.
7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body.
8. Continually improve professional capabilities and those of others while fostering growth and development through ethical leadership and effective management practices.
9. Keep the community informed on local government affairs. Encourage and facilitate active engagement and constructive communication between community members and all local government officials.
10. Oppose efforts to interfere with professional responsibilities by consistently executing official duties, policies, and processes with an unwavering commitment to unbiased public service.
11. Manage all personnel matters with fairness and impartiality.
12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.
Adopted by the ICMA Executive Board in 1924, and most recently revised by the membership in May 2025. - ICMA -
RESOLUTION NO. 2025-40
A RESOLUTION OF THE IONE CITY COUNCIL
ESTABLISHING POLICY FOR USE OF CITY ATTORNEY AND
COMMUNICATIONS BETWEEN THE CITY COUNCIL AND THE CITY ATTORNEY WHEREAS, the City of lone City Council ("City Council") appoints a City Attorney by contractual arrangement for professional services; and
WHEREAS, the City maintains and follows the City of lone City Council Protocol Manual ("Protocol Manual") setting forth the City Council/City Attorney relationship; and WHEREAS, pursuant to the Protocol Manual, the City Attorney's services are engaged and directed through the City Manager, and individual Councilmembers may seek advice or assistance from the City Attorney on other matters exercising best judgment on the most efficient and appropriate use of resources; and
WHEREAS, concerns have arisen among the City Council regarding overuse or improper use of City Attorney time; and
WHEREAS, in the interest of conserving City resources, the City Council desires to further clarify engagement of City Attorney services and communications between Councilmembers and the City Attorney; and
WHEREAS, the purpose of this Resolution is to clarify and establish a policy for use of City Attorney time and communications between the City Council and the City Attorney.
NOW, THEREFORE, BE IT RESOLVED by the City of lone City Council as follows:
1. The City Attorney's services shall only be engaged and directed through a majority of the City Council, the City Manager, or City Department Directors.
2. Unless authorized by the City Council, City Councilmembers shall not contact the City Attorney except in the following circumstances:
a. To consult and advise on personal conflicts of interest for anticipated City Council actions, in order to maintain compliance with the Political Reform Act (Government Code, § 81000 et seq.) and regulations of the Fair Political Practices Commission (California Code of Regulations, Title 2, § 18700, et Allegations or concerns regarding alleged conflicts of other City Councilmembers shall be directed through the City Manager. b. To report or request advice regarding allegations of criminal conduct on the part of any elected City official or City employee. "Criminal conduct" shall refer to an act committed or omitted in violation of a law forbidding or commanding it, unishable by imprisonment, fine, removal from office, or disqualification from office. (Penal Code, § 15.) "Criminal conduct" shall not refer to administrative infractions or conduct subject only to civil liability.
The forgoing resolution was duly introduced and adopted by the City Council of the City of lone by the following vote:
AYES: Rhoades, Maita, Mitchell
NOES: Atlan, LaFayne
ABSTAIN: None
ABSENT: None
APPROVED:
Stacy Rhoades, Mayor
ATTEST:
-
Janice Traverso, City Clerk
RESOLUTION NO. 2025-08
A RESOLUTION OF THE IONE CITY COUNCIL
AUTHORIZING AUDIO/VIDEO RECORDING OF CLOSED SESSION MEETINGS
AND ADOPTING A RECORDING POLICY
WHEREAS, the City of lone City Council ("City Council") holds closed session meetings Sron, ame to time, in accordance with the Ralph M. Brown Act (Government Code 8 54950 et WHEREAS, the City Council wishes to record its closed session meetings by audio and video, for the purpose of having such recordings be accessible to Councilmembers and other authorized officers and employees; and
WHEREAS, the City Council recognizes that such recordings contain sensitive and confidential information discussed among the City Council, and that the recordings shall be protected and restricted to ensure the content discussed in closed session remains private and confidential; 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 into the City Council Protocol Manual for the conduct of closed session meetings.
The foregoing resolution was duly introduced and adopted by the City Council of th City of lone at their regular meeting held on March 4, 2025 by the following vote AYES: Rhoades, Maita, Atlan, Mitchell
NOES: None
ABSTAIN: LaFayne
ABSENT: None
Stacy Rhoades, Mayor
ATTEST:
danie
ACANA80
Janice Traverso, City Clerk
EXHIBIT A
POLICY FOR RECORDING OF CLOSED SESSIONS
{CW140849.3}
4906-0450-0001, v. 2
CITY OF IONE POLICY
Audio/Video Recording of Closed Session
The following procedure is hereby established for closed sessions of the City Council:
1. All closed sessions of the City Council shall be recorded by an audio and video device.
2. The Police Chief, or such other officer as may be designated by the City Council, shall be charged with the keeping and storing of closed session recordings. The Police Chief shall be granted ongoing access to the records as may be reasonably necessary for the Police Chief to perform his or her duties under this policy and for proper maintenance of the records.
3. Recordings shall be confidential and made available only for inspection or review to the members of the City Council; the City Manager; the City Attorney; any employee or official who was authorized to attend a particular closed session; or special legal counsel of the City who was authorized to attend a particular closed session.
4. The closed session recordings shall be stored in a locked and secure location within the physical confines of a City facility accessible only to the Police Chief. No person may remove the closed session records from the facility.
5. The closed session recording is not a public record subject to inspection and/or copying by members of the general public under the California Public Records Act (Government Code § 7920.000 et seq.) and shall be maintained as a confidential record of the City.
6. If a member of the City Council is legally disqualified from participating in the discussion, deliberation, or vote on a matter discussed in closed session (e.g., because of a financial conflict of interest or any other reason), the disqualified Councilmember shall also be prohibited from inspecting or reviewing any records that pertain to the specific matter from which he or she is disqualified.
7. The Police Chief shall maintain a written log identifying each closed session recording. The log shall contain the following:
a. The date of the closed session.
b. The name of any Councilmember that was disqualified or abstained from participating in the discussion, deliberation, or vote on the particular matter discussed in closed session.
8. If a Councilmember is prohibited from viewing the recording or the recording is otherwise intermingled with records which the Councilmember is authorized to view, the Police Chief may undertake such measures as may be reasonably necessary to segregate the non-viewable closed session records from the viewable closed session records. Nothing in this policy shall be interpreted to prevent any member of the City Council from inspecting the records of matters discussed in closed session where the Councilmember was merely absent from the closed session meeting or abstained from voting on an item (but was not legally disqualified from participating).
9. Persons authorized to inspect the closed session records shall first contact the Police Chief to schedule an appointment for the viewing of the closed session records. For each such viewing, the Police Chief shall designate a private and reasonably secure location within the physical confines of the City facility for the viewing of the closed session records and no person, other than the Police Chief, shall be allowed to remove the closed session records from the designated viewing location.
10. The Police Chief shall be physically present at the viewing location for the duration of each viewing.
11. The Police Chief shall maintain a written log of all appointments for viewing of the recording, which shall include the following:
a. The name and title of the person that viewed the closed session records. b. The date and time of the inspection.
12. No person may photograph or make any other visual reproduction of the contents of the closed session records. The subject matter detailed in the closed session records shall be subject to the same confidentiality restrictions as would be applicable to any other verbal or written disclosure of matters discussed during closed session meetings.
13. Closed session recordings shall be maintained for a duration of two (2) years, unless otherwise required by law.
[END]
4908-9148-2145, v. 6
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.
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.
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
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.
The default rule, identified above, however, gives way to a specific What follows is my version of the rules of parliamentary procedure, 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 should be well versed in those rules. For all intents and purposes, the This treatise on modern parliamentary procedure is built on a 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 Since the chair runs the conduct of the meeting, it is usual courtesy orderly conduct of meetings.
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 recommendation that they might have. The appropriate person or motion passes or is defeated. 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 the following form: "The motion passes by a vote of 3-2, with Smith body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body."
time to respond.
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 in a particular approach. However, a second is not an absolute example, "A motion at this time would be in order" 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 the first or second motions.
motion might be: "I move a substitute motion that we cancel the 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 amendment (should the committee be five or 10 members). If the A motion to amend seeks to retain the basic motion on the floor, but 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 body to move on. The following motions are not debatable (that Multiple Motions Before the Body 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 motion):
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 simple majority vote.
"motion to have a five-member committee to plan and put on our 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 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 example: "I move we limit debate on this agenda item to 15 minutes." favor and two opposed, the motion passes. If it is two in favor and 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 vote to pass. 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 abstention as well.
present" then you treat abstentions one way. However, if the rules of 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 WHEREAS, the City Council has further adopted a City Council Protocol Manual, as may be amended, providing guidelines and standards for the administration of City affairs and the 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:
Trauros
Japice 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.
3. 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:
a. 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.
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 or the time for statements, questioning, and testimony of the named official.
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.
9. 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
I FOR N
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
_ Consent
Departmental
_Public Hearing
_Other
PREVIOUS ACTION/REFERRAL:
Council Order No. 4/23/09
Dated:
Meeting or 4.21.09 Janice Traverso, City Clerk
By: _ I Travisso
CITY OF IONE
TRAVEL AND EXPENSE POLICY
Findings
Whereas, the City of lone ('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 expenses attributable to the City.
Purpose
This Policy is designed to ensure that City employees and officials adhere to proper, reasonable procedures when arranging for travel, lodging, meals, and incidental expenses and that they are reimbursed for these expenditures. To this end, this Policy adopts a per diem fee schedule, as explained below, so that City employees and officials may make informed decisions regarding 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 effective method of travel, taking into account the cost of the actual travel as well as the time away from work associated with differing means of travel.
Finally, it is the purpose of this Policy to ensure that employees and officials who trave! 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 he City Council that are consistent with the statute. An individual may be an official for th urposes of this policy if he or she is a member of the City Council, Planning Commission, Park 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 persons 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. Participating 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 IONE
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 tö 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
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 Maragers 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 employées 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-2009&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 532322, 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 to 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 IRS schedule. Expenditures beyond the fixed, rates or expenditures deemed unrelated to the travel on behalf of the City will not be reimbursed. Furthermore, if, as a result of such expenditures, the traveler owes the City money, the traveler shall include a check with the submitted documentation, made payable to the City of one.
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 if 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 2/ 2009 - 4-
CITY COUNCIL PROTOCOL MANUAL
CITY OF 10 NE
FOUNDED
1846
IFORNIA
ADOPTED AUGUST 5, 2008
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
TABLE OF CONTENTS
Chapter 1 Introduction and Overview
1.01 Council Manager Form of Government.
1.02 Purpose of City Council Protocol Manual
1.03 Overview of Basic City Doeuments-
1.04 Orientation of New Members ... - 3
Chapter 2 lone City Couneil: General Powers and Responsibilities 5
2.01 City Council, Generally ......... 5
2.02 Role of Councilmembers......... 5
2.03 Role of Maye........................ ..6
2.04 Vice Mayor, Absence of Mayor and Councilmembers
2.05 Resignation of Mayor or Vice Mayor...............................
2.06 Emergency Response... 7
2.07 Appointment of Officer... 7
2.08 Boards, Commissions, Committees and Task Forees... 7
2.09 Service on Outside Boards................ .10
2.10 Incompatibility of Offices.. ..10
Chapter 3 Support Provided to City Council- 11
3.01 Staff/Clerical Support. .11
3.02 Office Equipment. 11
3.03 Meeting Roems .. .12
3.04 Mail, Deliveries... . 12
3.05 Council Library .. .12
Chapter 4 Financial Matters 13
4.01 Council Compensation.. .13
4.02 Budget.. .13
4.03 Financial Disclosure. .13
4.04 Travel Policy...... ..13
4.05 City Credit Card Poliey.. 14
Chapter 5-Communieations 15
5.01 Overview 15
5.02 Correspondence from Councilmember. ..15
5.03 Local Ballot Measure.............. .... 15
5.04 Proclamations....... . 16
5.05 State Public Records Disclosure Act .16
Chapter 6 Conflict of Interest 18
6.01 Ethics, AB1234 Ethies Training....... ..18
6.02 Confliets of Interest. .18
ADOPTED AUGUST 5, 2008
CITY OF IONE CITY COUNCIL PROTOCOL
Chapter 7 Interaction with City Staff/Officials- 22
7.01 Overview - 22
7.02 Council Manager Form of Government.......... .22
7.03 City Council, Non-interference... .23
7.04 City Council/City Manager Relationship- .23
7.05 City Council City Staff Relationship... .......24
7.06 City Council/City Atterney Relationship .24
7.07 Roles and Information Flow............. ...24
7.08 Dissemination of Information......... ....25
7.09 Magnitude of information Request..... .....26
7.10 Staff Relationship to Advisery Bodies....... ....26
7.11 Restrictions on Political Involvement by Staff.... ..26
7.12 Council Attendance Policy... 27
Chapter & City Council Meetings 28
8.01 Meeting Sehedule... .28
8.02 Publie Notice of Meetings and Hearing ...... 28
8.03 Emergency Meetings... .29
8.04 Special Meetings..... .29
8.05 Study Sessions..... 30
8.06 Placing Items on the Agenda. 30
8.07 Development of the Agenda Meetings......................... ...31
8.08 Order of Business.. .31
8.09 Council Action.... .33
8.10 Legislative and Quasi Judicial Action of the Couneil... -33
8.11 General Parliamentary Procedure.... 34
8.12 City Council Conduct and Participation at Meetings......................................
Chapter 9 Pretecel Administration 35
9.01 Biennial Review............. ..35
9.02 City Attorney as Protocel Advisor.... .35
9.03 Adherence to Non interference Ordinance .35
Applicability of Protocol Manual 35
Chapter 1 Introduction and Overview..... ...1
1.01 Council-Manager Form of Government.
1.02 Purpose of City Council Protocol Manual
1.03 Overview of Basic City Documents........
1.04 Orientation of New Members....
Chapter 2 Ione City Council: General Powers and Responsibilities......... 6
2.01 City Council, Generally...
2.02 Role of Councilmembers. 6
2.03 Role of Mayor................ .7
2.04 Vice-Mayor, Absence of Mayor and Councilmembers
2.05 Resignation of Mayor or Vice-Mayor..... 9
2.06 Emergency Response.... 9
2.07 Appointment of Officer... 9
2.08 Boards, Cormissions, Committees, and Task Forces ..
CITY OF IONE CITY COUNCIL PROTOCOL MANUAL
2.09 Service on Outside Boards. 12
2.10 Incompatibility of Offices
Chapter 3 Support Provided to City Council. _12
3.01. Staff/Clerical Support. .12
3.02 Office Equipment. .12
3.03 Meeting Rooms. ....13
3.04 Mail, Deliveries ..13
3.05 Council Library. ...13
Chapter 4 Financial Matters 14
4.01 Council Compensation 14
4.02 Budget... _14
4.03 Financial Disclosure ..14
4.04 Travel Policy.... ...14
4.05 City Credit Card Policy...
Chapter 5 Communications .. 17
5.01 Overview.... 17
5.02 Correspondence from Councilmembers......................................
5.03 Local Ballot Measures 17
5.04 Proclamations.. . 18
5.05 State Public Records Disclosure Act........ .....................18 Chapter 6 Conflicts of Interest 21
6.01 Ethics, AB 1234 Ethics Training. .21
6.02 Conflicts of Interest...
Chapter 7 Interaction with City Staff/OfficiaL................................................... 28
7.01 Overview......... ...28
....
7.02 Council-Manager Form of Governmen.................................................................................... ..28
7.03 City Council Non-interference. 30
7.04 City Council/City Manager Relationship... .30
7.05 City Council/City Staff Relationship .. ..31
7.06 City Council/City Attorney Relationship.. 31
7.07 Roles and Information Flow... .31
7.08 Dissemination of Information .34
7.09 Magnitude of Information Request ...... 35
7.10 Staff Relationship to Advisory Bodies.... ..35
7.11 Restrictions on Political Involvement by Staff .35
7.12 Council Attendance Policy... ..36
Chapter 8 City Council Meetings 38
8.01 Meeting Schedule... _38
8.02 Public Notice of Meetings and Hearing........................................ ..38
8.03 Emergency Meetings. ..40
8.04 Special Meetings.... -40
8.05 Study Sessions (Workshops).. ..41
8.06 Placing Items on the Agenda ..31
8.07 Development of the Agenda 33
8.08 Order of Business... ...34
ADOPTED AUGUST 5, 2008
CITY OF IONE CITY COUNCIL PROTOCOL
8.09 Council Action ..37
8.10 Legislative and Quasi-Judicial Actions of the Council ..37
8.11 General Parliamentary Procedure..... ...40
8.12 City Councilmembers Conduct and Participation at Meetings... ...41 Chapter 9 Protocol Administration
9.01 Biennial Review..... -43
9.02 City Attorney as Protocol Advisor..... ..43
9.03 Adherence to Non-interference Policy .... 43
9.04 Applicability of Protocol Manual...... 43
Chapter 10 Civility and Decorum 45
10.01 General ... 45
10.02 Code of Ethics........... ..45
10.03 Social Media Policy. 45
10.04 Censure Policy ..48
APPENDICES
1. Resolution No. 1384 (Code of Ethics for the City Council)
2. Professional Code of Ethics from International City/County Management Association
3. Resolution No. 2025-40 (Policy for Use of City Attorney and Communications Between the City Council and the City Attorney)
4. Resolution No. 2025-08 (Policy for Audio/Video Recording of Closed Session Meetings) S. Rosenberg's Rules of Order
6. Resolution No. 2025-10 (City of lone Censure Policy for Elected Officials)
7. City Travel and Expense Policy
9.04 Appendix 35
• ICMA Code of Ethies
• City of lone Code of Ethics
• California Government Code Section 54950-54963 (Brown Act) • Rosenberg's Rules of Order
CITY OF IONE CITY COUNCIL PROTOCOL
Travel Policy
• Credit Card Policy
• List of City Plans
• Approved Proclamations List
CITY OF IONE CITY COUNCIL PROTOCOL
Chapter 1 Introduction and Overview
As a City Councilmember, you not only establish important and often critical policies for the community of lone, you are also a board member of a public corporation having an annual budget of several million dollars. The scope of services and issues addressed by the city organization go well beyond those frequently reported in the newspaper or discussed at City Council meetings.
1.01 Council-Manager Form of Government
The City of lone has a Council-Manager form of government. As described in the Municipal Code and the Government Code of California, certain responsibilities are vested in the City Counci and the City Manager. Basically, this form of government prescribes that a City Council's role is that of a legislative policy-making body which determines not only the local laws that regulate community life, but also determines public policy and gives direction to the City Manager to administer the affairs of the cityCity government in a businesslike and prudent manner. (Ione Municipal Code Title Il and Government Code § 34100 et seq.) The City of lone was incorporated in 1953. At that time, the separately elected City Clerk was the administrative officer for municipal affairs. There was also a separately elected City Treasurer. The City Council established lone as a Council-Administrator form of government in -1982 and hired its first City Administrator that year. In 2007, the City Council changed the form of government to Council-Manager and hired a City Manager.
1.02 Purpose of City Council Protocol Manual
The City of lone has prepared its own Protocol Manual to assist the City Council by documenting accepted practices and clarifying expectations. Administration of City Council affairs is greatly enhanced by the agreement of the City Council and staff to be bound by these practices.
While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide Councilmembers, the City's various commissions/committees, and City staff in their actions.
1.03 Overview of Basic City Documents
This Protocol 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 the City Council. Many other laws, plans, and documents exist which bind the City Council to certain courses of action and practices. The following is a summary of some of the most notable documents that establish City Council direction. A complete list of City plans and implementation programs is provided in the Appendix:
F
CITY OF IONE CITY COUNCIL PROTOCOL
CITY OF IONE CITY COUNCIL PROTOCOL
A. Ione Municipal Code
The Municipal Code contains local laws and regulations adopted by resolutions and ordinances. Title II of the Code addressaddresses the role of the City Council, deseribedescribes the organization of City Council meetings and responsibilities, and appointment of certain City staff positions, advisory boards, and commissions. In addition to these administrative matters, the Municipal Code contains a variety of laws including, but not limited to, zoning standards, health and safety issues, traffic regulations, building standards, and revenue and finance issues.
B. Goals
The City Council sets both long-term and short-term goals for the City each spring. The goal-setting process includes a review of the previous year's goals including progress toward completion and updating. The budget is then written with the objective of working toward completion of those goals.
C. Codes of the State of California
The state laws contain many requirements for the operation of city government and administration of meetings of city councils throughout the state. Ione is a "general law city" which means it operates under applicable general laws of the state. As a general law city of the state of California, lone is vested with all the powers of incorporated cities as set forth in the California Constitution and the applicable California state laws. Conversely, there are a number of cities within California that are "charter cities" and have adopted local provisions that establish basic governing procedures for local government. (Government Code §§ 34100-34102) lone is not a charter city.
D. Annual Budget
The annual budget is set for the fiscal year beginning July 1st and ending June 30th. It is the primary tool and road map for accomplishing the goals of the City. The budget document is the result of one of the most important processes the City undertakes. By adopting the annual budget, he City Council makes policy decisions, sets priorities, allocates resources, and provides th ramework for government operations. Study sessions on the budget are held in May and public hearings in June with adoption at the second City Council meeting in June.
E. Annual Financial Audit
The annual financial audit includes the financial statements of the City for a fiscal year. It includes the financial condition of the City as reflected in the balance sheet, the results of operations as reflected in income statements, an analysis of the uses of City funds, and related footnotes. The
CITY OF IONE CITY COUNCIL PROTOCOL
F. General Plan
A state-mandated General Plan addresses the City's long-range planning needs relative to and use, transportation, economic development, housing, and other planning elements. The City' jeneral Plan is reviewed on an ongoing basis, but mandatory elements may only be revised fou (4) times a year; however, certain amendments necessary for affordable housing development are not subject to this limitation. (Government Code § 65350 et seq.) G. Five-year Capital Improvement Program
The Five-year Capital Improvement Program serves as a guide for determining priorities, planning, financing, and construction of capital projects which add to, support, or improve the physical infrastructure, capital assets, or productive capacity of City services.
H. Disaster Preparedness Plan
The City maintains a disaster preparedness plan that outlines actions to be taken during times of extreme emergency. The City Council may be called upon during an emergency to establish policies related to a specific incident. The chain of command is as follows:
The City Manager is the Director of Emergency Services
The City Manager may appoint an Assistant Director of Emergency Services (Lone Municipal Code Title II, Chapter 2.48, 8§ 2.48.010 to 2.48.120)
1.04 Orientation of New Members
It is important for the members of the City Council to gain an understanding of the full range of services and programs provided by the City. As new members join the City Council, the following will be provided in a timely manner.
• The City Manager will host an orientation program to distribute materials outlining City policy, protocol and updates on labor negotiations. • The City Manager will facilitate a meeting with the City Attorney for conflict-of- interest training, review of current legal matters, and review of parliamentary procedure.
The City Manager will arrange a meeting with Finance prior to the first pay period to cover information reviewed with all City employees, (e.g., benefits elections, I-9, retirement options, etc.)
• The City Manager will arrange meetings with key Department Heads to be briefed on current projects within his/her Department and to tour City facilities.
CITY OF IONE CITY COUNCIL PROTOCOL
• The City Manager will arrange an opportunity for "ride alongs" with the Ione Police Department.
• The City Manager's assistant will arrange a meeting for a briefing on various aspects of City Hall, including, but not limited to, travel procedures, phone service, etc.
CITY OF IONE CITY COUNCIL PROTOCOL
The City Manager will provide information for attendance at the League of California Cities' New Mayors and Council Members Academy.
CITY OF IONE CITY COUNCIL PROTOCOL
Chapter 2 Lone City Council: General Powers and Responsibilities
2.01 City Council, Generally
Fundamentally, the powers of the City Council are to be utilized for the good of the community and its residents; to provide for the health, safety, and general welfare of the citizenry. The City Council is the policy-making and law-making body of the City. State law and local ordinances define the powers and responsibilities of the Council.
It is important to note that the Council acts as a body. No member has any extraordinary powers beyond those of other members. While the Mayor has some additional ceremonial and presiding officer responsibilities as described below, when it comes to establishing policies, voting, and in other significant areas, all members are equal. It is also important to note that policy is established by at least a majority vote of the Council. While individual members may disagree with decisions of the majority, a decision of the majority does bind the Council to a course of action. Councilmembers should respect adopted Council policy. In turn, it is staff's responsibility to ensure the policy of the majority of the Council is upheld. Actions of staff to pursue the policy direction established by a majority of Council do not reflect any bias against Councilmembers who held a minority opinion on an issue.
A.-_Council Non-Participation in Administration
In order to uphold the integrity of the council-manager form of government and to provide proper checks and balances, members of the City Council shall refrain from becoming directly involved in the administrative affairs of the City, unless directedauthorized by a majority of the Council to participate in a policy or project.
2.02 Role of Councilmembers
Members of the lone City Council are collectively responsible for establishing policy, adopting an annual budget, and providing vision and goals to the City Manager. The following outline is a brief description of the various duties of Councilmembers. The description is not intended to be comprehensive, but rather it is an effort to summarize the primary responsibilities of the Council.
A.-_Summary of Council Duties and Responsibilities as Provided in State Law:
1. Councilmembers serve as the:-
• City Council
6
CITY OF IONE CITY COUNCIL PROTOCOL
1-2. Establish Policy
• Adopt goals and objectives
• Establish priorities for public services
• Approve/amend the operating and capital budgets
• Approve contracts/expenditures over $515,000 consistent with the City's purchasing and bidding ordinance (Ione Municipal Code, §2.44 et seq.) • Adopt resolutions
2.3. Enact Local Laws
• Adopt ordinances
3.4. Supervise Appointed Officials
• Appoint City Manager and City Attorney
• Evaluate performance of City Manager and City Attorney • Establish boards, commissions, committees and task forces • Make appointments to such bodies
• Provide direction to advisory bodies
4.5. Make Decisions
• Study problems
• Review alternatives
• Determine best course of public policy
• Call special elections as necessary
2.03 _Role of Mayor
A. Presiding Officer
The Council selects the Mayor on the third Tuesday of December. The Vice Mayor can be selected to be the Mayor or the City Council can select from the remaining members of the City Council at their discretion. It is recommended that the Mayor should have served at least one (1) full year on the City Council prior to being selected as the Mayor.
The Mayor serves as the presiding officer, unless otherwise delegated, and acts as chair at all meetings of the City Council. The City Manager in consultation with the Mayor sets the Agendaagenda for regular and special Council meetings, subject to the advice of the City Attorney.
The Mayor may participate in all deliberations of the Council in the same manner as any other member and is expected to vote in all proceedings, unless a conflict of interest exists. During Council proceedings, the Mayor facilitates diseussion, gauges direetion, and listens for majority support prior to ealling for a vete-on a motion- The Mayor does not possess any power of veto. State law allows the Mayor to move or second an action. As a matter of lone tradition, the Mayor does not make a motion and will only second a motion in rare and unusual circumstances. (Government 7 CITY OF IONE CITY COUNCIL PROTOCOL
Code §§ 36801-36815)
During Council proceedings, the Mayor facilitates discussion, gauges direction, and listens for majority support prior to calling for a vote on a motion.
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The Mayor guides the Council in focusing on the agenda and deliberation about the topics before the Council. The Mayor is delegated the responsibility to oversee the debate and order of speakers and recognizes each speaker when appropriately entitled to do so. The Mayor shall maintain order, decorum, and the fair and equitable treatment of all speakers. Councilmembers generally govern themselves as to the length of comments, however, the Mayor has the responsibility of signaling if a Councilmember has been speaking for excessive time period.
B. Ceremonial Representative and Other Duties of the Mayor Responsibility to act as the City Council's ceremonial representative at public events and functions has been assigned to the Mayor. In the Mayor's absence, the Mayor shall appoint a Councilmember to perform the ceremonial role. However, all Councilmembers are encouraged to participate. The Mayor may initiate and execute certificates of appreciation and recognition, and Council-approved proclamations. The Mayor has the responsibility of making liaison, board and committee assignments for Councilmembers with those assignments to be ratified by the Council.
2.04 Vice-Mayor, Absence of Mayor and Councilmembers
In the absence of the Mayor, the Vice-Mayor shall perform the duties of the Mayor. The Council selects the Vice-Mayor by a majority vote each year on the third Tuesday of December.
When both the Mayor and Vice-Mayor are absent, the Mayor will designate from amongst the Councilmembers a person to serve as Acting Mayor, who shall, for the term of such absence, have the powers of the Mayor.
If the Mayor or other Councilmembers intend to be absent from the City, they shall notify the City Manager of such absence. If a Councilmember fails, for any reason except sickness, to attend three (3) consecutive regular meetings of the Council, his or her office may be declared vacant by the Mayor and the councilCouncil shall proceed to decide whether to hold a special election or appoint a successor for the unexpired portion of the term of office of the absent member. (lone Municipal Code Section 2.04.030)
2.05 Resignation of Mayor or Vice-Mayor
If the Mayor or Vice-Mayor resigns, the City Council will select a new Mayor or Vice- Mayor.
2.06 Emergency Response
The City Council may proclaim, and the Mayor shall sign, a declaration of emergency. If the City Council is not in session, the City Manager (Emergency Services Director) may proclaim the existence of an emergency. The Emergency Services Director directs all disaster response activities. (lone Municipal Code § 2.48.060)
2.07 Appointment of Officer
The City Council is responsible for appointing two (2) positions within the City
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organization-_the City Manager and the City Attorney. The City Manager and the City Attorney serve at the pleasure of the Council. The City Manager is responsible for all personnel within the City organization.
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2.08 _Boards, Commissions, Committees, and Task Forces
A. Appointments Made by the Council
Boards, commissions, committees, and task forces provide a great deal of assistance to the and task forces are purely advisory to the Council, and, in some situations, staff. Commissions pursuant to the powers and duties specified by the City Council may have final decision-making authority, subject to appeal to the Council, but may also serve in an advisory capacity in certain situations.
The procedures established in this Manual reflect the policy of the City Council regarding the appointment of volunteer citizens to the various bodies of the City. The establishment of these procedures ensures that well-qualified, responsible, and willing citizens are given the opportunity to serve the City and participate in the governance of their community.
The City Council is specifically empowered to create all boards, commissions, committees and task forces, pursuant to the provisions of the lone Municipal Code, as the Council deems necessary or advisable. In the exercise of this power, it is the desire of the City Council to establish a consistent policy in its decision-making role to fairly and equitably evaluate those citizens of the community who demonstrate a desire to serve on such boards, commissions, committees, or task forces. (lone Municipal Code Title 2, Chapters 2.17, 2.36, and 2.62) For full-term vacancies, the filing period is as determined by Ordinance. The City Clerk shall:
Publicly announce the position vacancy and filing period by publication of same in the official newspaper of the City of lone and set forth the qualifications required, if any.
• Notify the incumbents) of whose terms are expiring, of such term expiration and invite the incumbents) to consider being reappointed.
• Advertise the position and accept applications when an incumbent's term expires on the Planning Commission, Park and Recreation Commission, and any other Commission.
B. Selection
1. Mayor Interview Period: The Mayor may personally interview each applicant individually, at a time and place to be designated by the Mayor. 11 CITY OF IONE CITY COUNCIL PROTOCOL
However, after reviewing applications, the Mayor reserves the right to make appointments without conducting interviews.
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2. The Mayor may appoint a sub-committee to review applications or conduct interviews of applicants and appoint the member, with approval of the City Council.
3. Decision & Announcement: Each applicant will be notified of the decision of the Mayor and Council approval. The City Clerk will also notify the Chair of the affected board or commission of its decision.
C. Resignations
Vacancies occurring during the middle of a term shall be filled by appointment for the unexpired portion of the term, in the same manner provided herein for initial appointment.
D. Councilmembers' Role and Relationship with City Bodies
1. Because the Council has the ability to review decisions made by the commissions and recommendations made by committees and task forces, Councilmembers shall not be appointed to City Boards or Commissions concurrent with their term of office.
2. Unless specifically authorized by a majority vote of a quorum of the Council, no Councilmember shall be authorized to testify before or direct the work of any board, commission, committee or task force of the City.
3. If the Councilmember is testifying in such a capacity pursuant to the above provision, testimony should be undertaken in such a manner as to assure public confidence in the decision-making process and avoid the appearance of bias, prejudice, or improper influence. Toward this purpose, the following protocol should be observed:
a. Councilmembers shall not testify in matters pending before any commission, committee, or task force that will receive, or could potentially receive, future appeal or review before the City Council. Violation of this protocol shall require the Councilmember to disqualify his or herself from participating in any appeal or review proceedings before the City Council.
b. Except in matters directly involving personal interests, Councilmembers, in their capacity as private citizens, should abstain from providing testimony or influencing decisions in matters pending before any City board, commission, committee or task force that will receive, or could potentially receive, future review or other action before the Council. Where a Councilmember elects to provide such testimony, the following rules shall apply:
• The Councilmember shall declare at the outset and upon the record that he Councilmember is present in his or her private capacity as al nterested citizen, and not on behalf or at the request of the Cit Council.
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• The Councilmember shall refrain from stating or implying that th Councilmember's position or opinion is that of the City Council • The Councilmember shall refrain from directing City staff or the advisory body to take any action on behalf of the Councilmember. • The Councilmember shall observe any rules of procedure or protocol that apply to any other private citizen testifying before the advisory board. • The Councilmember shall disqualify him or herself from participating in the matter should it come before the Council for review and/or decision.
E. Planning Commission
1. The Planning Commission serves as the advisory planning agency for the City by advising planning staff and City Council on matters of planning, land use, and the General Plan. The Commission makes recommendations to the City Council for legislative decisions and planning policies. The Commission also holds hearings on planning and zoning applications and serves as the decision-making body in certain circumstances as required in the California planning and zoning law, or by the lone Municipal Code.
a. It is important to note that City Council is the policymaker for the City's guiding land use rules and policies, with advice from the Planning Commission.
Further, the Commission members are appointed by the City Council to implement to the City's land use rules and policies. Commissioners shall not direct City staff. Each member of City staff is responsible to their direct supervisor or the City Council, as applicable.
2. In accordance with the Brown Act, Commission discussion at each meeting shall be limited to items listed on the agenda. For items not on the agenda, discussion shall be limited to brief responses to statements or questions, announcements, requests for reports, or requests for future agenda items, as permitted by law. a. City planning staff shall be responsible for preparing Commission agendas and meeting materials.
b. Planning Commissioners may request further information from planning staff or that items be placed on future agendas. All such requests are subject to review and approval by City planning staff prior to placement on an agenda.
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3. Regular meetings of the Commission are meetings held on the dates, times, and in the location set by the City Council.
a. All commission meetings shall be conducted in compliance with the Brown Act.
In the exercise of managing City resources and planning staff time, City planning staff and/or the City Manager have the discretion to cancel Commission meetings when there are no agenda items scheduled for formal hearings. c. The City Manager must authorize any special meeting of the Commission.
4. Commission meetings shall be open to the public and conducted in a dignified and respectful manner. Commissioners shall treat their duties and obligations seriously and conduct meetings in a manner that is productive and furthers the mission of the City. a. Commissioners shall evaluate all agenda items in a neutral and unbiased manner. b. Commissioners shall recuse themselves from any agenda item which they have a conflict of interest pursuant to state conflict of interest laws. c. Commissioners are discouraged from publicly discussing pending agenda items outside of Commission meetings in order to avoid the appearance of bias or prejudgment. Commissioners often sit in a quasi-judicial capacity, which means development applicants are afforded due process and fair hearing rights in anticipation of hearings to consider development applications. Failing to remain neutral prior to a quasi-judicial hearing may result in a Commissioner's disqualification from participating in the proceedings.
2.09 Service on Outside Boards
Councilmembers are often requested to serve on outside boards, councils, commissions, or committees. This type of representation serves to facilitate communication and provide interaction with other governmental bodies. The City Council appoints members to some of these groups on an as-needed or as-requested basis.
Councilmembers participating in policy discussions at regional meetings will represent the consensus of the Council, except where regional appointment requires regional opinion. Personal positions, when given, will be identified and not represented as the position of the City.
Assignment and direction of staff in relation to regional meetings are at the discretion of the City Manager.
2.10 Incompatibility of Offices
In general, California law prohibits public officials from simultaneously holding more than one public office when the functions or responsibilities of the two offices have the potential for ₽ 12
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overlapping. This prohibition arises from a concern over the potential clash of two public offices held by a single official with potentially overlapping public duties. The Legislature may, however, expressly authorize through legislation the holding of two offices notwithstanding the fact that the dual holding would otherwise be prohibited. For example, the Legislature has exempted Local Agency Formation Commissions, the Coastal Commission, joint powers agencies, and transportation corridor agencies.
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Chapter 3 Support Provided to City Council
3.01 Staff/Clerical Support
Staff and administrative support to members of the City Council is provided through the City Manager's Office. Secretarial services provided include distributing mail and email, scheduling pointments and receiving messages. All other Council requests for staff services are made b request to the City Manager who will assign the appropriate staff member. Sensitivity to workload of support staff is appreciated and turnaround time will vary depending on workload
3.02 Office Equipment
To enhance Councilmembers' service to the community and their ability to communicate with staff and the public, the City provides meeting facilities and office equipment for City business. It is important to note that all letters, memoranda, and interactive computer communication (email) involving City Councilmembers and members of advisory boards and commissions, the subject of which relates to the conduct of government or the performance of any governmental function, with few exceptions stated by the Public Records Act, are public records.
A. Business and Personal Use of City Equipment
The City's electronic equipment and information systems are intended for professional business use in performing the duties of a Councilmember. Personal use of City equipment is prohibited.
B. Photocopy Machines and Other Equipment
1. Photocopy Machines. Councilmembers may use the photocopier for City business.
2. Other equipment. Except as provided herein, in no event shall a Councilmember take City property to his or her home.
C. Monitoring, Enforcement and Penalties
1. -City information systems or storage media are the property of the City of lone. The City retains the right to access, copy and change, alter, modify, destroy, delete or erase this property without prior notice to Councilmembers.
2. The City retains the right to monitor and audit the use of email and Internet use. The right to use these technologies does not include the right to privacy.
3. Deleted documents, messages and data may be retrieved from a variety of points in the network. Councilmembers should assume that electronic evidence discovery might recover deleted or unsaved data.
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Councilmembers' use of a personal Internet account on City equipment, and Councilmembers use of a City Internet account on personal equipment are to be arranged through the City Manager and are subject to the provisions of this policy Said Councilmembers should be aware that their personal email and electronic file could be monitored by the City and could be reviewed as part of a Public Records request.
3.03 Meeting Rooms
Councilmembers may utilize the office space provided in the City Hall. Use of other meeting Mans, ensluding the conference room located at Cily Hall, may be scheduled through the Ci
3.04 Mail, Deliveries
Members of the City Council receive a large volume of mail and other materials that are delivered primarily through the use of mailboxes located in the City Council office. City Manager's staff disseminates mail to individual Council mailboxes. Staff does not open mail addressed to individual Councilmembers. General correspondence addressed to Councilmembers as a whole will be opened and delivered to the Council General Box. Councilmembers are encouraged to check mailboxes often. In addition, City staff will email, telefax or personally deliver materials that are time sensitive to a member's home or office, if appropriate.
3.05_Council Library
Located in the City Council's office is a library of current City plans and implementation programs. These documents are for reference and are not to be removed from the office. Copies can be made available for individual Councilmembers upon request to the department of origination. Each City Councilmember is issued a complete copy of the lone Municipal Code for their reference.
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Chapter 4 Financial Matters
4.01 Council Compensation
The Municipal Code provides for payment of a modest honorarium to members of the City Council. State law sets the level of compensation. (Government Code § 36516 and IMC $ 2.20)
4.02 Budget
The annual City budget includes appropriations for expenses necessary for members to undertake official City business. Funding provided includes membership in professional organi suine, tendance at conferences tection angers durchase e publications and.
4.03_ Financial Disclosure
Candidates for the office of Councilmember shall file a financial disclosure statement with the City Clerk who will retain a copy and forward the original to the Fair Political Practices Commission (FPPC). (Government Code §§ 87200 et. seq.) Financial disclosure shall be filed with nomination papers, not earlier than one hundred thirteen (113) days before the election with the deadline being no later than eighty-eight (88) days before the election. (Calif. Elections Code) When Councilmembers assume office or leave office, whether by election, appointment, end of term or resignation, Statements of Economic Interests (FPPC Form 700) covering the previous 12- month period must be filed within thirty days. (Government Code § 87204) In addition, Councilmembers are required to file financial disclosure statements (FPPC Form 700) on an annual basis after January 1 and before April 1 of each year covering the previous calendar year. (Government Code § 87203) Statements filed in any of the above cases will be available for public inspection.
4.04 Travel Policy
The City Council has adopted by resolution a travel policy. The City Council, staff, and appointed officials will be reimbursed for all approved travel as defined in the City Travel Polic up to the amount of an individual Councilmember's funds allocated for travel/training. In addition a Councilmember may request in writing to the City Manager a reallocation of his/her unused travel budget to another Councilmember. "Approved Travel" means travel to attend training or conferences, or other City Council-directed travel activities.
A. Pre-authorization of Travel/Training
Councilmembers and appointed officials traveling on City business that involves an overnight stay shall submit a Travel/Training Authorization Form to the City Manager for approval.
The travel authorization formTravel Authorization Form will include a complete estimate of the costs of the trip, including conference registration, transportation, and per diem. The travel 14 CITY OF IONE CITY COUNCIL PROTOCOL
authorization formTravel Authorization Form will also include the purpose of the trip, the dates of travel, and other pertinent details.
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In advance of any travel on City business, a Travel/Training Authorization Form must be submitted to and signed by the City Manager. The City Manager must authorize:
Overnight travel by elected or appointed officials
Use of a rental vehicle by elected or appointed officials Out-of-state travel by elected or appointed officials
B. Authorization for Reimbursement of Travel Expenses
Within ten (10) days of the close of the authorized travel period a final itemized Travel/Training Authorization Form, including all receipts and expense reimbursement requests, must be submitted to the City Manager for final approval and signature. The City Manager's Office will process and submit authorized travel reimbursement requests to the Finance Department.
4.05 City Credit Card Policy
Issuing Cards: The City credit card is available for use by the City Council and can be obtained from the City Manager's Assistant. Use of City credit cards is set forth in the City Credit Card Policy.
Cards Lost or Stolen: Lost or stolen cards must be reported to the Finance Director within one (1) working day of discovery.
Leaving Office: Each card holder must surrender the City credit card immediately upon leaving office, or upon request of the City Manager or Finance Director. Use of the card after privileges are withdrawn is prohibited.
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Chapter 5 Communications
5.01 Overview
Perhaps the most fundamental role of a Councilmember is communication. Communication with the public to assess community opinions and needs, and to share the vision and goals of the that general guidelines be understood when speaking for the Council. Equally important, wher nembers are expressing personal views and not those of the Council, the public should be s
5.02 Correspondence from Councilmembers
Members of the City Council will often be called upon to write letters to citizens, businesses, or other public agencies. Typically, the Mayor will be charged with transmitting the City's position on policy matters to outside agencies on behalf of the City Council. Individual members of Council will often prepare letters for constituents in response to inquiries, or to provide requested information. City letterhead is available for this purpose, and staff can assist in the preparation of such correspondence.
On occasion, membersCouncilmembers may wish to correspond on an issue on which the Council has yet to take a position, or about an issue for which the Council has no position. In these circumstances, members should clearly indicate that they are not speaking for the City Council as a whole, but for themselves as one member of the Council. City letterhead and office support may be utilized in these circumstances.
Councilmembers may occasionally be asked to prepare letters of recommendation for community members seeking employment or appointment. It is inappropriate for Councilmembers to make a recommendation or utilize City letterhead or their Council titles for such letters without approval of the majority of Council.
City letterhead and staff support cannot be utilized for personal or political purposes.
5.03_Local Ballot Measures
At times, initiatives may be placed on the ballots that affect City Council policy. There are pamphlets for the purpose of informing the public of the facts of an issue.
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5.04 Proclamations
Proclamations are issued by the City Council as a ceremonial commemoration of an event or issue (e.g., National Night Out). Proclamations are not statements of policy. Proclamations are a manner in which the City can make special recognition of an individual, event, or issue.
The list will be reviewed by the City Council every February following a City Council election. Proclamations not requested for two (2) years will automatically be deleted from the list of pre-approved proclamations.
5.05 State Public Records Disclosure Act
To ensure that business communications submitted to and by elected and appointed officials comply with the Public Records Act and the State Open Meetings Act (Brown Act), the following is set forth:
A. Communications, Generally
All letters, memoranda, and interactive computer email communications involving City Councilmembers and members of boards, commissions, committees and task forces, the subject of which relates to the conduct of government or the performance of any governmental function, with few exceptions as stated by the Public Records Act, are public records. Copies of such letters, memoranda, and email communications may not be provided to the public or news media without the filing of a public information disclosure request with the City Clerk. The City Clerk has adopted a protocol for processing such requests._
B. Written Communications
Written letters and memoranda received by the City on a specific agendum, addressed to a Councilmember or the Council as a body, will be photocopied and provided to all City Councilmembers, and a copy kept according to the City's Records Retention Schedule. 18 CITY OF IONE CITY COUNCIL PROTOCOL
C. Electronic Communications
1. -Informal messages with no retention value and that do not relate to the functional responsibily of he resent sender a pubi, dini such as eing notices.
Users should delete these messages once their administrative purpose is served
2. All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record. Such records are subject to public inspection and copying; users may either print a copy of the record and file it with the City Clerk for retention, according to the City's Records Retention Schedule, or forward such email messages to "[email protected]" from which the City Clerk will print and file it according to the City's Records Retention Schedule.
3. Email communications that are intended to be shared among three or more Councilmembers, whether concurrently or serially, must be considered in light of the Open Public Meetings Act (Brown Act). If the intended purpose of the email is to have a discussion that should be held at an open meeting, the electronic discussion should not occur.
4. Email should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other "confidential" City business. In general, email is discoverable in litigation, and even deleted email is not necessarily removed from the system. Confidential email communications should not be shared with individuals other than the intended recipients or the attorney-client privilege protecting the document from disclosure may be waived.
5. Email will not be used for personal use, since Councilmembers' conventional email addresses include the City's "return address."
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6. For public record purposes. all Councilmembers and appointed officials shall use their official City email account for City business. All Councilmembers and appointed officials are advised that City business conducted on cellphones, private email addresses, and other devices are considered public records and subject to disclosure.
Conducting City business outside of the designated City email address or cell phone can subject to the official and the City to liability and penalties for failure to comply with public record requirements.
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Chapter 6 Conflicts of Interest
6.01 Ethics, AB 1234 Ethics Training
The City maintains a commitment to conducting business according to the highest achievable ethical standards. Recognizing that ethical dilemmas may arise and that public officials nust make difficult choices after careful consideration of competing public, personal and/or private nterests at stake, the Council has adopted a code of ethical conduct, which is contained in th Appendix_1.
The City Manager is subject to a professional code of ethics as a member of the International are designed to ensure actions are in support of the City's best interests. Violations of such principles can result in censure by the ICMA.
State law (Government Code § 53234, et seq.) requires public officials to complete two (2) hours of training in ethics principles and laws every two years. In addition to Councilmembers, Ione requires the training of all of its Commissioners (Planning and Park and Recreation), its City Manager, its Department Directors, its mid-managers when they staff a City Commission, and the Chairperson and Vice Chairperson of each committee or board. Additionally, the City Council encourages all committee and board members to complete the training. At present, the League of California Cities offers AB 1234 training, often in conjunction with League conferences or other training workshops, and on-line training is offered for a nominal fee through the Institute for Local Government and the Fair Political Practices Commission. Certificates of course completion are kept on file by the City Clerk. (Ione Resolution #No. 1385.)
6.02 Conflicts of Interest
There are numerous sources of conflicts of interest that may require a Councilmember to disqualify himself or herself from participating in decision-making. The Political Reform Act (PRA) controls financial conflicts of interest of public officials. The PRA is one of the most complicated laws affecting local government. This law is implemented and enforced by the Fair Political Practices Commission (FPPC) which has issued comprehensive implementing regulations.
To understand the PRA's impact on a Councilmember's actions, it is suggested that members discuss the law and potential conflicts with the City Attorney or a private attorney. All Councilmembers and City officials are advised that violation of conflict of interest laws can subject the official to personal liability and they cannot rely on the advice of the City Attorney for protection.
In general, under the PRA, public officials are prohibited from making, participating in or in any way attempting to use their official position to influence a government decision in which they know or have reason to know they have a financial interest. (Government Code § 87100, 2 California Code of Regulations §§ 18700, 18702-18702.4.) A "public official" is defined as including every member, officer, employee or consultant of the state or local government agency. (Government Code § 82048; 2 California Code of Regulations § 18700). ₽ 21
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A. Applicability
Under the PRA, Under the PRA and associated FPPC regulations (2 California Code of Regulations. §18700 et seg.), an official has a financial interest if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of the following:
t. Any business entity in which the public official has a direct or indirect investment-worth- $2,000 or more. (Government Code §§ 82034, 82035; 2 California Code of Regulations § 18703.1)
Any real property in which the public official has a direct or indirect interest worth $2,000 or mere. (Government Code§ 82033), or
2. Any souree of income other than gifts-or certain loans aggregating $500 or more provided- to the public official within 12 menths prier to the time of the decision. (Government Code- § 82030; 2 California Code of Regulations § 18703.3)
3-1. Any-business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. (2 California Code of Regulations §§ 18703.1, 18704.3)
2. Any real property in which the public official has a direct or indirect interest.
3. Any source of income to the public official.
4. Any source of a gift totaling $360 (adjusted biannuallyto the public official, over the limit established by the FPPC) or mere provided to, received by or promised, within the prior twelve (12) months prior towhen the decision. (2 California Code of Regulations §§ 18703.4, 18794 18961) is made.
The personal finances of the public official and those of immediate family, including their expenses, income, assets, or liabilities.
All affected public officials are encouraged to refer to FPPC regulations and guidance materials for the specific materiality standards as to each type of financial interest that precludes participation in the subject of a City item. The FPPC has published lengthy regulations and opinions on conflicts of interest that are useful in determining whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest. The FPPC also puts out informational pamphlets to assist public officials in determining what types of situations may give rise to prohibited conflicts of interest.
B. Analysis
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In general, the FPPC suggests that an eighta four-part analysis be followed in determining whether a conflict of interest exists:
• Is the person involved a public official? The PRA applies to "public officials at any level of state or lecal government." (Government Cede § 87100)
eno demerit dingine a time Crater Regrets 865.
18700, 1 8702 18702.4) et seg.):
• What are the actual economic interests of the official potentially impacted by the decision? (Government Code § 87103, 2 California Code of Regulations §§ 18704 -18704.5) • Is the economic interest directly or indirectly involved in the governmental decision? (2 California Code of Regulations §§ 18704-18704.5)
• Is the financial affect on the economie interest material? (2 California Code of Regulations §§ 18702 18702.6)
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Step 1: Is it reasonably foreseeable" that the governmental decision will have a financial effect on any of the public official's financial interests? Step 2: Will the reasonably foreseeable financial effect be material? •Step 3: Can the public official demonstrate that the material financial effect on the economic interest? (2 California Code of Regulations §§ 18700 18706) • Will the decision'spublic official's financial interest is indistinguishable from its effect on the official's economic interest differ from that of the public generally? (2 California Code of Regulations §§ 18707-18707.2)
• Is participation by the public official legally required in order to create a querum to vote on the matter?
• Step 4: If after applying the three-step analysis and determining the public official has a conflict of interest, absent an exception, the official may not make, participate in making, or in any way attempt to use the official's position to influence the governmental decision.
C. Disqualification and Disclosure
When the agenda item is called or at the beginning of the meeting during declaration of conflicts, a City Councilmember who has a conflict of interest is required to publicly state that a conflict of interest exists, describe the nature of the economic interest giving rise to the conflict, disqualify himself or herself, and leave the room. Ideally, Councilmembers will become familiar enough with the sources of conflicts to determine in advance whether disqualification is necessary.
However, if a Councilmember becomes aware of a potential conflict only during the meeting, it is perfectly appropriate for the Councilmember to ask for a break in order to discuss the matter with the City Attorney, if necessary. If any Councilmember questions a potential conflict of interest related to another Councilmember, a recess may be called at the request of the Councilmember who may have a conflict to allow discussion of the issue with the City Attorney to determine if there is a conflict. If the Councilmember decides a conflict exists, that Councilmember may not participate in any aspect of the decision-making, including discussing the matter with City staff. When a conflict of interest arises involving a matter on the consent portion of the agenda, the Councilmember is not required to leave the room, unless that item is pulled from the consent agenda for separate discussion.
Declarations of conflicts of interest are personal to the individual with the actual or potential conflict. No Councilmember or City staff member may declare or assert a conflict of interest on behalf of another. The agenda item providing for declarations of conflicts of interest is solely for the purpose of individual self-disclosure and does not permit discussion, debate, or commentary regarding the conflicts or alleged conflicts of other Councilmembers or City staff. 24 CITY OF IONE CITY COUNCIL PROTOCOL
If any Councilmember suspects there may be a conflict of interest for another Councilmember. the Councilmember is encouraged to notify the City Manager and the City Attorney of the perceived conflict in advance of the meeting for further evaluation.
D. Legally Required Participation
In the event that a decision cannot be made because a majority of the Council is disqualified due to conflicts of interest, the PRA allows the minimum number of Councilmembers necessary to constitute a quorum to return and participate in the decision to the minimum extent required. The Councilmembers permitted to participate must be chosen through a random process. (Government Code § 87101)
E. Conflict of Interest Code
The City is required to adopt and maintain a Conflict of Interest Code. This Code is found in the lone Municipal Code at Title 2, Chapter 8. Under state law, the code must be reviewed every two (2) years and amended as circumstances change. The City's code must be consistent with minimum requirements of the PRA. (Government Code §§ 87300-87313) 25 CITY OF IONE CITY COUNCIL PROTOCOL
F. Advice on Conflict of Interest
The City Attorney may provide advice to a Councilmember about the existence of a conflict of interest. However, advice given by the City Attorney does not protect the Councilmember from an enforcement action by the FPPC: or criminal prosecution. A Councilmember may seek a formal written opinion from the FPPC on a particular set of facts. Such an opinion letter would provide protection from an enforcement action arising under the same set of facts.
G. Other Sources of Conflict
In addition to the PRA, State law prohibits Councilmembers from entering into contracts with the City. (Government Code § 1090 et. seq.) In general, this type of conflict is not subject to remedy through the disqualification of the interested Councilmember, but must instead be entirely avoided by the Council. There are, however, numerous exceptions to this provision that will allow the Council to enter into certain contracts after disqualification of the interested Councilmember and those should be reviewed with the City Attorney on a case-by-case basis. (Government Code § 1090 et. seq.)
H-_Revolving Door Policies
For a period of one (1) year after leaving office, state law prohibits Councilmembers and chief administrators from accepting employment with the City, or from acting as agent or attorney for any other person by appearing formally or informally, orally or in writing before the Council or any of its commissions, or committees if the appearance or communication is made for the purpose of influencing administrative or legislative action, or influencing any action or proceeding involving the issuance of, amendment to, award of, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. (Government Code § 87406.3) 26 CITY OF IONE CITY COUNCIL PROTOCOL
I City Officials and Appointed Members of Boards Commissions and Committees City Officials and appointed members of Boards, Commissions, and Committees of the City shall observe the same conflict of interest rules applicable to the City Council. 27 CITY OF IONE CITY COUNCIL PROTOCOL
Chapter 7 Interaction with City Staff/Officials
7.01 Overview
City Council policy is implemented through dedicated and professional staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so policies and programs may be implemented successfully. To support effective relationships, it is important that roles are clearly recognized.
7.02 Council-Manager Form of Government
lone has a Council-Manager form of government. Basically, with this structure, the City Council's role is to establish City policies and priorities. The Council appoints a City Manager to implement those policies and undertake the administration of the organization.
The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of city government, to prepare and monitor the principal budget, and to implement the policies and programs initiated by the City Council. The City Manager is responsible to the City Council, rather than to individual Councilmembers, and directs and coordinates the various - The Chy Manger regent departments. The City Manager is responsible for appointing all department directors and authorizing all other personnel positions except the City Clerk, City Attorney, and City Treasurer (lone Municipal Code § 2.10.100). The City Council authorizes positions through the budget process; based upon that authorization, the City Manager makes the appointments.
The Council-Manager form of government is outlined in the Government Code. The powers and duties of the City Manager include:
• Generally supervise over the administrative affairs of the city City • Appoint and remove at any time any department directors and employees •_Attend all meetings of the Council at which the Manager's attendance may be required by that body HMC(lone Municipal Code § 2.10.1307)
• See that all laws and ordinances are faithfully executed, subject to the authority which the Council may grant the Mayor to maintain law and order in times of emergency • Recommend for adoption by the Council such measures as the Manager may deem necessary or expedient
• Prepare and submit to the Council such reports as may be required by that body, or as deemed advisable to be submitted
• Keep the Council fully advised of the financial condition of the City and its future needs
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• Prepare and submit to the Council a proposed budget for the fiscal year, and be responsible for its administration upon adoption
• Perform such other duties as the Council may determine by ordinance or resolution • Implement and administer City Council policy
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7.03 City Council Non-interference
The City Council is to work through the City Manager when dealing with administrative services of the City.
In no manner, either directly or indirectly, shall a Councilmember become involved in, or attempt to influence, personnel matters that are under the direction of the City Manager. No member of the Council shall, by suggestion or otherwise, attempt to influence or coerce the City Manager concerning appointments to City offices or employment. Nor shall the City Council be involved in, or influence, the purchase of any supplies beyond the requirements of the City procurement code/procedures.
Except for the purpose of inquiry, the Council and its members will deal with the administrative service solely through the City Manager or designee, and neither the Council nor any commission, committee or member of a board shall give an order to, try to influence, coerce or direct, either formally or informally, any subordinate of the City Manager.
Violations of the provisions of this section by any of the above persons, if reported by any staff to the City Manager, will be brought forth to the entire City Council for review. The Council, on a case-by-case basis, will establish what, if any, corrections and/or sanctions are appropriate.
See Chapter 9 § 9.03.
7.04 City Council/City Manager Relationship
The employment relationship between the City Council and City Manager honors the fact that the City Manager is the chief executive of the City. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters.
Disagreements should be expressed in policy terms, rather than in terms that question satisfaction with or support of the City Manager.
The City Manager respects and is sensitive to the policy responsibilities of the City Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the City Council.
A. Performance Evaluation
The City Council is to evaluate the City Manager on an annual basis to ensure that both the City Council and City Manager are in agreement about performance and goals based upon mutual trust and common objectives. The City Manager's performance is evaluated in the following areas:
leadership, teamwork, job knowledge, attitude, accountability, empowerment, communication, problem-solving skills, quality of service, safety/risk-taking, implementation, and administration of adopted Council policy.
30 CITY OF IONE CITY COUNCIL PROTOCOL
7.05 City Council/City Staff Relationship
City Councilmember contact with City staff members, inclusive of the City Manager, will be during regular business hours, except in the case of an emergency.
7.06_City Council/City Attorney Relationship
Pursuant to recommendation of the City Manager, the City Council shall make provision for btaining legal counsel for the City, either by appointment of a City Attorney on a full-time or part me basis, or by any reasonable contractual arrangement for such professional services. The Cit Attorney is a contract employee appointed by the City Council. The City Attorney is the legal advisor for the Council, its committees, commissions and boards, the City Manager, and all City officers and employees with respect to any legal question involving an official duty or any legal matter pertaining to the affairs of the City. The general legal responsibilities of the City Attorney are to:
1. Provide legal assistance necessary for formulation and implementation of legislative policies and projects;
2. Represent the City's interest, as determined by the City Council, in litigation, administrative hearings, negotiations, and similar proceedings;
3. Prepare or approve as to form ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes and intentions of the City Council; and
4. • Keep City Council and staff apprised of court rulings and legislation affecting the legal interest of the City.
It is important to note that the City Attorney does not represent individual members of the Council, but rather the City Council as a whole. Accordingly, with the exception of conflict of interest inquiries, in questions involving pending or upcoming matters, or protocol and procedure, the City Attorney's services are engaged and directed through the City Manager. Individual Councilmembers may seek advice or assistance from the City Attorney on other matters exercising best judgment onin accordance with the most efficient and appropriate use of her resources. The City Attorney's performance is reviewedPolicy for Use of the City Attorney and Communications Between the City Council and City Attorney adopted by Resolution No. 2025-40, attached hereto and incorporated herein as provided by the services retention contract Appendix 3.
7.07 Roles and Information Flow
A. Council Roles
31 CITY OF IONE CITY COUNCIL PROTOCOL
The full City Council retains the authority to accept, reject, or amend the staff recommendation on policy matters.
Members of the City Council must avoid intrusion into those areas that are the responsibility of
32 CITY OF IONE CITY COUNCIL PROTOCOL
_staff. Individual Councilmembers may not intervene in staff decision-making, the development of staff recommendations, scheduling of work, and executing department prioritie vithout the prior knowledge and approval of the City Council as a whole. This is necessary to protect staff from undue influence and pressure from individual Councilmembers, and to allow staff to execute priorities given by management and the Council as a whole without fear of reprisal. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, or priorities of staff, that member must prevail upon the Council to do so as a matter of Council policy.
B. Access to Information / Confidential Information
The City Manager is the information liaison between the Council and City staff. Requests from Councilmembers for information are to be directed to the City Manager and will be responded to promptly. The informatión requested will be copied to all members of the Council so that each member may be equally informed. The sharing of information with the City Council is one of the City Manager's highest priorities.
There are limited restrictions controlling when information cannot be provided. The City is legally bound not to release certain confidential personnel information. Likewise, certain aspects of police department affairs (e.g., access to restricted or confidential information related to crimes) may not be available to members of the City Council.
Confidential issues, which may arise in closed session or in other conversations or communications with the City Manager or City Attorney, shall not be disclosed to any member of the public, including the press, without approval of the City Council. Confidential issues include but are not limited to anticipated or existing litigation, personnel matters, or other information relevant to City business that is confidential in nature. The release of any confidential information obtained or discussed in closed session may be subject to injunctive relief or referred to the grand jury or the District Attorney's office as a Brown Act violation.
C. Staff Roles
The Council recognizes the primary functions of staff as executing Council policy and actions taken by the Council, and in keeping the Council informed. Staff is obligated to take guidance and direction only from the City Manager or Department Director. This direction follows the policy guidance of the City Council as a whole. Staff is directed to reject any attempts by individual Councilmembers to unduly direct or otherwise pressure them into making, changing, or otherwise influencing recommendations.
City staff will make every effort to respond in a timely and professional manner to all equests for information or assistance made by individual Councilmembers provided that, in th udgment of the City Manager, the request is not of a magnitude, either in terms of workload o policy, which would require that it would be more appropriately assigned to staff through the
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direction of the full City Council.
7.08 Dissemination of Information
In addition to regular, comprehensive memoranda written by the City Manager directly to City Council concerning all aspects of City operations (exclusive of confidential personnel issues), all Councilmembers receive copies of all correspondence received by the City Manager that will assist them in their policy-making role. The City Manager also provides other documents to Council on a regular basis, such as status reports, executive summaries, and agendas of all weekly senior staff meetings.
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A variety of methods are used to share information with Council. Workshops and study sessions are held to provide detailed presentations of matters. The City Manager's open-door policy allows individual Councilmembers to meet with the Manager on an impromptu or one-on-one basis.
7.09 Magnitude of Information Request
Any information, service-related needs, or policy positions perceived as necessary by Council, staff will proceed to complete the work within a Council-established timeline.
7.10 Staff Relationship to Advisory Bodies
Staff support and assistance may be provided to the City's boards, commissions, committees and task forces. These bodies, however, do not have supervisory authority over City employees.
While staff may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and, ultimately, the City Manager. The members of the commissions, boards, or committees are responsible for the functions of the advisory body. The chairperson is responsible for committee compliance with the municipal code and/or committee bylaws. Staff members are to assist the advisory body chair to ensure appropriate compliance with state and local laws and regulations.
Staff support includes: (1) preparation of a summary agenda and appropriate notice after approvalreview by the chairperson; (2) preparation of reports providing a brief background of the issues, a list of alternatives, recommendations, and appropriate backup materials, if necessary; and (3) preparation of minutes of advisory body meetings. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues.
Advisory bodies wishing to communicate recommendations to the City Council shall do so through the City Manager's Office. In addition, when an advisory body wishes to correspond with an outside agency, correspondence shall be reviewed and approved by the City Council.
7.11_Restrictions on Political Involvement by Staff
lone is a nonpartisan local government. Professional staff formulates recommendations in compliance with Council policy for the good of the community, not influenced by political factors.
For this reason, it is very important to understand the restrictions of political involvement of staff. 35 CITY OF IONE CITY COUNCIL PROTOCOL
By working for the City, staff members do not surrender rights to be involved in political activities. Employees may privately express their personal opinions. They may register to vote, sign nominating or recall petitions, and they may vote in any election.
7.12 Council Attendance Policy
Vacancy for Nonattendance
A Council position shall become vacant if the Councilmember fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council. (IMC Section
2.04.030)
At the start of each City Council meeting, the City Clerk will call the roll. Any absent Councilmember who has called the Mayor or City Manager's Office before 4:30 p.m. on the day of the meeting to advise of such absence may request to be excused. 36 CITY OF IONE CITY COUNCIL PROTOCOL
37 CITY OF IONE CITY COUNCIL PROTOCOL
Chapter 8 City Council Meetings
The City Council's collective policy and law-making powers are put into action at the council meetings. It is here that the Council conducts its business. The opportunity for citizens t be heard, the availability of local officials to the citizenry, and the openness of council meetings al lend themselves to the essential democratic nature of local government.
8.01 Meeting Schedule
Regular meetings are held the first and third Tuesdays of each month at 6:00 p.m., in the Council Chambers, 1 E. Main Street, lone. By a majority vote of the Council, meetings not completed by 10:30 p.m. will be continued to the following Wednesday at 6:00 p.m. in the Council Chambers. In accordance with Chapter 2.04 of the lone Municipal Code, closed session meetings are considered part of the Council's regular meeting and may begin earlier than 6:00 p.m., as needed, so long as the closed session items are agendized and the time for their consideration is specified in the agenda.
- 8.02 _Public Notice of Meetings and Hearings
Pursuant to the Government Code, cities are charged with establishing a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming council meeting. The procedure followed by the City of lone is as follows:
A. Notices
Except where a specific means of notifying the public of a public hearing is otherwise provided by law or ordinance, notice of upcoming public hearings before the City Council or the City's Boards and Commissions shall be given by one publication of a notice containing the time, place, date, subject, and body before whom the hearing is to be held, in the City's official newspaper consistent with State law.
B. Preliminary Agenda of Council Meeting
The public shall be notified of the preliminary agenda for the forthcoming regular City Council meeting by posting a copy of the agenda in the following public places in the City at least seventy-two (72) hours in advance of the meeting:
• Ione City Hall Outside Bulletin Board 1 E. Main Street, lone, CA 95640 • United States Post Office Bulletin Board, Ione, CA
• Electronic Posting City of lone Web Page
C. Duties of City Clerk
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The City Clerk is directed to publish notices and post agendas as required by § 8.02 of the lone City Council Protocol Manual.
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The Government Code addresses the subject of special meetings. For special meetings, only those items specifically listed on the agenda may be discussed, considered, or decided.
The City Clerk is responsible for posting the notice of public meeting at least seventy-two (72) hours in advance of the meeting. Posting locations include the City Clerk's Office at City Hall.
8.03 Emergency Meetings
State Law permits the Council to hold an emergency meeting without providing advance 24-hour notice when prompt action is necessary due to the disruption or threatened disruption of public facilities during an emergency situation. Emergency situations are those matters immediately affecting the public health, safety and welfare of the community. (Government Code § 54956.5)
8.04_Special Meetings
Special meetings may be called by either the Mayor or Vice-Mayor or Acting Mayor in the absence of the Mayor. Additionally, as long as substantive consideration of agenda items does not occur, a majority of the Council may meet without providing notice to the public, in order to call a special meeting and prepare an agenda. When a special meeting is called by a majority of the Council, a representative of this majority shall notify the City Clerk of such special meeting call. who shall prepare a notice of special meeting, to be signed by all members of the majority calling the special meeting. Notice of a special meeting will be made by the City Clerk by delivering personally, by mail, or by facsimile, written notice to each member of the Council and to each local newspaper of general circulation, and to each local radio or television station which has on file with the City a written request to be notified of such special meeting or of all special meetings at least twenty-four (24) hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical, and increase the likelihood of such injury or damage.
At all regular and special meetings, public comments are invited during a public hearing before or during consideration of any item on the agenda. Public comment is appropriate on any matter within the jurisdiction of the City Council. All regular meeting agendas must provide a time for the public to address the body on items not on the agenda. 40 Agenda Item
DATE: July 29, 2015
TO: tone City Council
FROM: Jon G. Hanken, City Manager
SUBJECT: Draft Update to the Council Procedure Manual
RECOMMENDED ACTION: There is no recemmended action requested.
Motion:
FISCAL IMPACT: None
BACKGROUND: At the last Council meeting, Council reviewed and discussed the process for placing items on the Council agenda. Council requested modifying Chapter
8.06 Placing Items on the Agenda so that an item would be automatically placed on the next Council agenda if two councilors requested it.
Attached is Section 8.06 Placing Items on the Agenda with the new proposed language added for Council consideration. The new language is underlined. Council can accept the language as presented or modify it. Any change to the procedure would come back at Council's August 18# meeting for adoption. Adoption would be in the form of a resolution.
Attachments: Draft update to the lone City Council Protocol Manual Chapter 8.06 Placing Items on the Agenda.
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42 8.06 Placing Items on the Agenda
A. City Couneil Agenda Planning
Any Councilmember may request that an item be placed on a City Council agenda by submitting a written request to the City Manager/City Clerk. The written request must, at a minimum, contain all of the following:
1. -A substantive outline or summary of the information that will be presented to the City Council;
2. A concise statement of the specific action the City Council will be asked to take on the item; and,
3. A statement of the reasons why the requesting party believes it is appropriate and within the jurisdiction of the City Council to consider this subjeet matter and to take the requested action:
All matters to be presented to the City Council at its regular meeting are reviewed by the Mayor and City Manager. The item shall be placed on the agenda as seen as possible with consideration for scheduling issues.
Should two City Council members, either independently or working cooperatively. request the same item be placed on the agenda that item will automatically go on the agenda at the next scheduled meeting. Councilors will provide the same written topic information as outlined earlier in this seetion.
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8.05 Study Sessions (Workshops)
The City Council may meet informally in a study session. The study session is the forum used by Council to review forthcoming programs of the City, to receive progress reports on current issues, or to receive similar information from the City Manager and others. All discussions and conclusions held during a workshop are of an informal nature. Although no final action is taken while in a study session, a majority of the Council may give City staff preliminary direction on what to bring back to the Council for later consideration. Such direction given at a study session does not in any way obligate a Councilmember to vote in a particular way if the item is later brought
8.06 Placing Items on the Agenda
A. City Council Agenda Planning
Any Councilmember, including the Mayor, may request that an item be placed on a City Council agenda by submitting a written request to the City Manager/City Clerk. The written request must, at a minimum, generally contain all of the following information:
1. A substantiveAn outline or summary of the information that will the Councilmember would like to be presented to the City Council;
2. A concise statement of the specific action-Potential actions that the City Council will be asked to take-may consider on the item; and,
3. A statement of the reasons why the requesting party believes An explanation why it is appropriate and within the jurisdiction of the City Council to consider this subject matter and to take the requested action.
All matters to be presenteditems requested by Councilmembers for presentation to the City Council at its regular meetings are-shall be reviewed by the Mayor and City Manager. Thelf authorized by the City Manager, the item shall be placed on the agenda as soon as possible with consideration for staff preparation of the item and scheduling issues.
B. Advisory Bodies and Civie Organizations
Advisory bodies of the City Council and other civie agencies (e.g., Chamber of Commeree, lone Main Street) may submit items for Council consideration by submitting a written request, as outlined in paragraph 1. Cily Council Agenda Planning 1, 2, and 3 above, to the City Manager/ City Clerk at least 15 working days prior to the meeting, to be considered by the Mayor and City Alternatively, before thorough preparation or evaluation of the item by City staff, the City Manager for-may refer the request to the City Council for further direction and placement en an agenda.
6. Members of the Publie
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A member of the public may request an-item-be placed on a future agenda-while addressing the
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City Council during a regular meeting and/or by submitting a written request to the City Manager/ City Clerk as outlined in paragraph A. City Council Agenda Planning 1, 2, and 3 above.
In order to allow sufficient time for the Council to review, and staff to research the matter, the request should be submitted at least 15 working days prior to the meeting for which the item is requested to be placed on the agenda. If the issue is placed on the agenda, the City Clerk will notify the requester so that he or she may plan to attend the meeting.
For all agenda item requests, the City Manager shall control and direct the preparation of the agenda item, including but not limited to, if such item shall be a closed session item as permitted by law, an informational or discussion item, a resolution, ordinance, or such other form best suited for the nature of the request.
For all agenda item requests. Councilmembers are advised that input from the City Attorney may be required.
D. Emergency or Other Items Added to the Agenda
Emergency items may be added to an agenda in accordance with state law. The reason(s) for adding an emergency item to the agenda shall be announced publicly at the meeting, and the issue shall be included in the minutes of the meeting. Placing emergency items on the agenda requires a majority vote of the Council and the items are taken up as the last item on the agenda.
Additionally, the Council may add items to the agenda upon a 4/5ths vote determining that there is need to take immediate action and that the need for action came to the City's attention after posting the agenda. (Government Code § 54954.2(b))
8.07 Development of the Agenda
a. All City Council agenda items shall be authorized by the City Manager, the Mayor, or Department Heads as appropriate.
b. All closed session items shall be authorized by the City Attorney. a.C. _Staff is required to submit a Staff Report for each topic of discussion on the City Council agenda to the City Manager. The deadlineCity Manager in his/her discretion may establish deadlines for submitting these reports is 9:00 a.m. on Tuesday offiling agenda materials with the week prier to City Clerk for the date of theupcoming Council meeting for which the item is scheduled.
d. For items on the regular agenda, the agenda item description or the staff report should indicate if the agenda item was initiated or requested by a Councilmember. _The City Manager or his/her designee shall use his/her best efforts to maintain a list of all agenda item requests received from Councilmembers, City commissions, committees, and members of the public. The City Manager or his/her designee shall periodically update the City Council about outstanding agenda item requests for the
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Council to consider placing on a future agenda.
b.f. Subject to exceptions based on need or urgency, the Agenda Packet will be made available for the Councilmembers, staff, public, and media by 3:00 p-m. on the FridayThursday prior to the Council Meeting.-
8.08 Order of Business
The City Council, by adoption of an ordinance or resolution, establishes the general order of meetings. This section summarizes each meeting component. The Council may, at any time, by simple majority of those present, vote to consider items in a different order.
I. Roll Call
II. Closed Session (exact time to be indicated on the agenda The City Council will move to Closed Session on any matter on the agenda, such as litigation, personnel or real estate matters, or real estate matters. Closed Session matters shall be recorded and retained in accordance with the City Policy for Audio/Video Recording of Closed Session Meetings, attached and incorporated hereto as Appendix 4.
III. Call to Order & Pledge of Allegiance
The Mayor, or in the Mayor's absence the Vice-Mayor, presides over all meetings of the City Council, and after determining that a quorum is present, calls the meeting to order. In the absence of the Mayor and Vice-Mayor, the City Clerk shall call the Council to order, whereupon a temporary Mayor Pro-tern shall be elected by the members of the Council present. Following the call to order, those in attendance are asked to join the Council in reciting the Pledge of Allegiance.
IV. Roll Call
The City Clerk takes roll and announces the presence or absence of individual Councilmembers.
V. Reports/Announcements from Closed Session (if any)
KVI. Approval of the Agenda
The City Council makes any adjustments to the agenda, then approves it.
VIL. Declaration of Conflicts of Interest
Any VICouncilmember or staff member who has a direct conflict of interest with any item on the agenda shall declare the conflict with any item on the agenda at this time.
VIL. Presentations or Announcements
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This time is for proclamations, presentations or announcements as scheduled with the Mayor or City Manager.
VIIIIX. Public Comment on Non-Agenda Items
This time is provided for members of the public to address the Council or submit written communications on matters not on the agenda. At the conclusion of all oral communications, Council may respond to statements. Any request that requires Council action will be set by the a time limit, will be heard at 10:30 p.m. or directly following the completion of all other City business.
VII. Presentations or Announeements
This time is proclamations, presentations or announcements as scheduled with the Mayor or City Manager:
#-X. Approval of minutes and consent calendar items
All matters on the Consent Calendar are considered to be routine by the City Council and are enacted on one motion. If discussion is required, that item is removed from the Consent Calendar and considered separately. At the end of the reading of the Consent Calendar, Councilmembers or members of the publicany Councilmember may remove an item: from the Consent Calendar
*XI. Regular agenda action items, ordinances, resolutions, and council orders All matters will be presented by staff and discussed with the City Council and public comment received prior to action being taken by the City Council.
XI-XII. Written communicationCorrespondence
These are items received by the City the Tuesday prior to the City Council meeting that isare shared with the City Council and, with direction given to staff if necessary.
Written correspondence and/or documents received by the City shall be shared with the Council if pertaining to City business and are public documents as defined by the California Public Records Act, Government Code Section 6250.7920.000 et seq. Such documents are disclosable unless fallingthey fall within the exceptions provided by Government Code section 6250 6270.5 and 6275-6276.48. Amended 1 19 16the Public Records Act.
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XIII XI. City Attorney Report
AXI. City Manager's Report
All reports shall be specifically limited to items relating to City business and shall not request or lead to action by the Council at this meeting.
XI. Council comments/future agenda items
XIII Dates of Future Meetings
XV. Councilmember Comments / Committee Reports / Future Agenda Items XII XVI. Adjournment
By majority vote of the Council, meetings not completed by 10:30 p.m. will be continued to the following Wednesday at 6:00 p.m. in the Council Chambers. Should Council vote to continue the meeting past 10:30 p.m., discussion on an item on the agenda that either requires or allows for public input may not begin without a unanimous vote of the City Councilmembers present. (Closed session items may begin later.)
8.09 Council Action
The City Council exercises legislative authority through a simple motion, an amendment to a motion, adoption of a resolution, or adoption of an ordinance. Depending on the item, staff reports will generally attempt to present appropriate motions, with options, for the Council to make. The City Council is encouraged to review the staff recommendations and use presented options as a template when making a motion. In most situations, a majority of the members present is adequate to adopt a motion;; however, this is not always the case, and staff will advise the Council when either a super majority or majority of the entire body is required. In addition, in most situations a voice vote is all that is required for Council action; however, the Presiding Officer or staff will advise the Council when a roll call vote is required. Motions should be concise and give clear direction to staff.
Although finality in action is an important principal in government, there may be occasions when the Council wishes to reconsider a motion it has previously passed. In such circumstances, a motion to reconsider may be made either at the meeting where the item was first voted upon, or at the very next meeting of the Council. A motion to reconsider brought forward at the following meeting of the Council will require proper notice on the agenda. A motionrequest to reconsider an item previously voted on can be made only be made by a Councilmember who voted in the majorityagainst the original motion. Such request can be made at a later time after the original motion and does not need to be made at the same meeting.
8.10_ Legislative and Quasi-Judicial Actions of the Council The Council can take both legislative and quasi-judicial action. In general, the Council acts in a legislative capacity when it takes action to adopt policies, plans, and ordinances of general application. In these situations, a Councilmember may rely on any information he or she lawfully obtains when participating in a decision-making process. In contrast, the Council will also act in Agenda Item
CITY OF IONE CITY COUNCIL PROTOCOL
DATE: June 20, 2017
TO: lone City Council
FROM: David A. Prentice, City Atterney
Sophia R. Meyer, Deputy City Attorney
SUBJECT: Amendment of Protocol Manual
RECOMMENDED ACTION:
t) Discussion, consideration, and possible approval of amendment to City Council Protocol Manual to eliminate correspondence as a separate agenda item.
Motion:..... . FISCAL IMPACT: None BACKGROUND:
The City Council adopted a City Council Protocol Manual (Manual) on August 5, 2008. The Manual is a policy document intended to inform the City Council regarding such matters as staff relations, powers of Council, financial issues, communication and City Council meetings. Under Order of Business (Manual p. 32 section 8.08) the agenda order is discussed and defined. Item X of the agenda (see Manual p. 33) is Written Communication. This has now become designated as "Correspondence".
For many years the issue of "correspondence" or "written communication" has been controversial and staff, including the City Attorney, have offered opinions regarding what is properly part of that agenda item. However, it is duplicative of other agenda matters as correspondence regarding action items would be placed in the packet for that item under "Regular agenda action items...". Therefore, staff is recommending eliminating section X of the adopted order of business and amending the Manual to reflect that decision. Section 9.01 allows the City Council to amend the Manual "as needed".
00009951.1 - Page 1 of 1
a quasi-judicial capacity when it acts on matters that implicate constitutionally protected property and liberty interests. These types of actions generally involve land use entitlements and other types of permits, licenses, etc.
The distinction between legislative and quasi-judicial activity is especially important disclose all ex parte communication it receives; that is, information or evidence a Councilmember obtains from outside the Council hearing on the matter. Additionally, Councilmembers may be called upon to answer questions about potential bias.
8.11 _General Parliamentary Procedure
Parliamentary procedures set the agreed-upon standard for conducting business. For general guidance, the Council will follow Rosenberg's Rules of Order, as attached and incorporated hereto as Appendix 5. Certain processes are subject to state code and must be complied with. The Council will accept direction from the City Manager/City Clerk and the City Attorney on the code. For other matters, the lone City Council has a tradition that adheres to the common parliamentary practices used by similar institutions to facilitate the orderly processing of the business of its meetings. When necessary to resolve issues that may arise over the process, the Mayor will refer to the City Attorney, who will act as the Parliamentarian. Upon such advice, the Council will vote and follow the decision of the majority.
The rules of order are adopted to expedite and facilitate the transaction of City affairs and Council matters in an orderly fashion. Failure to strictly observe the guidelines does not affect the jurisdiction of or invalidate any action taken by the Council. These guidelines are not exclusive and do not limit the inherent power and general legal authority of the Council, or of the Mayor/Presiding Officer, to conduct meetings and the affairs of the City as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective administration.
8.12_City Councilmembers Conduct and Participation at Meetings In the process of debate and decision-making, each member of the City Council will:
• Fully participate in City Council meetings and other public forums while demonstrating respect, trust, kindness, consideration, and courtesy of others; • Prepare in advance of Council meetings and be familiar with the issues on the agenda; • Be respectful of other people's time. Stay focused and act efficiently during public meetings;
• Serve as a role model of leadership and civility to the community; • Inspire public confidence in the City offone government; TOCOL v ot lone government
• Demonstrate honesty and integrity in every action and statement; and • Be responsible and accountable for your words and actions.
CITY OF IONE CITY COUNCIL PROTOCOL
Chapter 9 Protocol Administration
9.01 Biennial Review
The City Council will review and revise the City Council Protocol Manual as needed:, which is held on file with the City Clerk. The City Council will specifically review, and if necessary, revise, the Protocol Manual every Februaryeach year following a City Council election-, or more often as deemed necessary
9.02 City Attorney as Protocol Advisor
The City Attorney shall assist the Mayor and serve as an advisor for interpreting the City Council's adopted Protocol Manual.
9.03 Adherence to Non-interference Policy
The City Council delegates to the City Manager the responsibility to discuss with any Councilmember, on behalf of the full Council, any perceived or inappropriate interference or encroachment of administrative services. The City Manager will discuss with the Councilmember the action and suggest a more appropriate process or procedure to follow. If inappropriate action continues after this discussion, the City Manager will report the concern to the full Council.
9.04_ Applicability of Protocol Manual
The City Council Protocol Manual shall apply when the Council is sitting as another entity or agency. The role of Mayor and Vice-Mayor shall be interchangeable with the Chair and Vice- Chair, or President and Vice-President, when sitting as another entity.
GITY OF IONE CITY COUNCIL PROTOCOL
RESOLUTION NO. 1384
A RESOLUTION OF THE CITY COUNCIL
44 Chapter 10 Civility and Decorum
10.01 General
A. Councilmembers are expected to uphold a high standard of civility toward one another, the public, and City staff. Councilmembers shall refrain at all times from rude and derogatory remarks, remarks as to integrity, abusive comments, and statements as to motives and personalities. Councilmembers should remain mindful that, while in public. they are viewed as elected representatives of the citizens of the City and should conduct themselves in a respectful and dignified manner at all times.
B. Appointed members of Boards, Commissions, and Committees of the City shall observe the same rules of civility and decorum applicable to the City Council.
C. During meetings, all Councilmembers present shall preserve safety and order; not engage in disruptive behavior; not disrupt the peace and order of the meeting; listen to others respectfully and not interrupt those who are speaking.
10.02 Code of Ethics
Councilmembers shall abide by the Code of Ethics adopted by Resolution No. 1384, which is attached hereto and incorporated herein as Appendix 1.
10.03 Social Media Policy
A. The City does not create, maintain, or provide support for individual Councilmember social media accounts.
B. Councilmembers who maintain personal social media or other digital media accounts are advised that, similar to City email or any other written or recorded communications related to the official conduct of City business, digital communications, social media posts, and messages concerning matters that are before the City for action or otherwise within the City's jurisdiction may constitute official City business. Such communications may be subject to applicable laws and policies including, but not limited to, the following:
. The California and United States Constitution.
b. The California Public Records Act.
c. The Ralph M. Brown Act.
C. Any social media activity by a Councilmember that can reasonably be interpreted as relating to "official City business" shall comply with the following requirements:
a. The post or account shall include a disclaimer stating: "OPINIONS/STATEMENTS ARE MY OWN AND NOT OF THE CITY OF IONE-"
ADOPTING A CODE OF ETHICS FOR MEMBERS
OF THE CITY COUNCIL
WHEREAS,
b. Councilmembers shall not delete comments or mute other social media users from posts conducting official City business.
media account that is used for official City business.
d. In compliance with the toneBrown Act, Councilmembers shall not deliberate or discuss City business among themselves on any social media platform.
D. Nothing in this Policy prohibits a Councilmember from maintaining personal social media accounts or expressing views about City business.
B.E. The City Council desires to achieve public faith in-values the ethical ideals of American democratie government roles and efforts of City staff and employees.
Personnel matters are subject to confidentiality requirements and are often subject to future action or approvals from City Council. To protect the labor and privacy rights of City staff/employees and the City from liability, Councilmembers shall not post about personnel matters that may prejudice the City in labor negotiations or that creates a hostile work environment for City staff/employees.
WHEREAS, the lone City Council, as a public body, desires to maintain high standards.
BE IT RESOLVED, that this lone City Council adopt a CODE OF ETHICS for its- members, setting forth standards as a means of reaching ethically sound decisions, based on- the following:
1) We shall serve equally all members of the community without prejudice or favoritism toward any individual, group, organization or economic interest. 2) Wo shall promote and protect the health and safety of all members of the- community.
3) We shall serve with efficiency, respeet legality and heed the commands of due- diligence and morality;
4) We shall recognize that we are agents of public purpose not owners of autherity;
5) We shall deal with all employees, fellow officers, and members of the public- without regard te political partisanship;
6) We shall promote and affirm equal opportunity for appointments and promotions of all persons without regard to race, color, religion, national origin, gender, age, or physical or mental disability;
7) We shall recognize the obligation to participate fully and responsibly in matters- and organizations concerned with the betterment of life in the City of lone; 8) We shall exercise our authority and prestige for the benefits of the City of lone and all members of the community and never for personal or private advantage;
9) We shall always consider how our official actions and persenal behavior 46 might be interpreted by the publie;
CITY OF IONE CITY COUNCIL PROTOCOL
10) We shall avoid persenal invectives in publie or closed forums; 11) We shall conduct Regular Couneil meeting in accordance with the- Parliamentary Procedure set down in Robert's Rules of Order (Revised Editien).
PASSED AND ADOPTED this 21st day of January 2003, by the following vote:
AYES: Uim, Thomas, Germolus, Podesta,
Sinelair
NOES:
ABSENT:
ABSTAIN:
ATTEST:
For all social media communications, Councilmembers shall follow the civility and decorum rules adopted by the City Council. Councilmembers are encouraged to express disagreements in the form of policy and not personal attacks on the motives of other Councilmembers.
G. The City Council strongly encourages Councilmembers to express their views and exercise their First Amendment rights. However, all Councilmembers are advised that the following forms of speech are not protected by the First Amendment, including but not limited to, threats, incitement, defamation, fraud, and harassment. Under defamation law, even for statements about public officials, statements made with reckless disregard for the truth or knowledge of falsity are not subject to First Amendment protections. In addition, all Councilmembers are expected to respect the will of the Council, and interfering with contractual or business relations of the City may subject the City and/or the individual to personal liability. All Councilmembers are advised that unprotected conduct and violations of certain laws/regulations by individual officials may result in the official being personally liable for damages and which are not covered by the City's insurance policy, and further risks causing liability to the City, including incurring legal expenses in the defense of the matter.
10.04 Censure Policy
48 Councilmembers may be subject to censure pursuant to the Censure Policy adopted by Resolution No. 2025-10, which is attached hereto and incorporated herein as Appendix 6. 49 APPENDICES
1. Resolution No. 1384 (Code of Ethics for the City Council)
2. Professional Code of Ethics from International City/County Management Association
3. Resolution No. 2025-40 (Policy for Use of City Attorney and Communications Between the City Council and the City Attorney)
4. Resolution No. 2025-08 (Policy for Audio/Video Recording of Closed Session Meetings)
5. Rosenberg's Rules of Order
6. Resolution No. 2025-10 (City of lone Censure Policy for Elected Officials)
7. City Travel and Expense Policy