(8) Members of the public addressing the City Council have the right to request a spokesperson be chosen for a group and/or limit the number of such persons addressing the Council whenever a group of persons wishes to address the Council on the same subject matter. No member of the public made cede his time to speak to another.
However, when a speaker represents a large group, he/she should so indicate and request additional time to speak from the Presiding Officer.
(9) Any public requests for Staff comment shall be made to the Presiding Officer, who may then direct such inquiries to the City Manager or City Attorney as appropriate. (10) No person except City officials shall be permitted within the platform area in front of the Council dais without the prior consent of the Presiding Officer or City Manager. (11) When a question is addressed to a specific Councilmember by a member of the public, that question must go through the Presiding Officer. The Presiding Officer may respond or may pause to allow another Council member to ask to be recognized. If no other Council member does so, the Presiding Officer shall move on to the next item.
4. Enforcement of Rules.
A. Sergeant-at-Arms: The head of the City's police agency or his/her designee shall be ex-officio Sergeant-at-Arms of the City Council. The Sergeant-at-Arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum in the City Council Chambers. The Sergeant-at-Arms shall enforce the rules of decorum or eject any person(s) from the City Council Chambers or place the person(s) under arrest or both, upon the direction of the Presiding Officer, or upon his or her own discretion, as applicable.
B. Violations: Upon a violation of the rules of decorum established herein, the procedure to enforce the rules is as follows:
(1) Warning: The Presiding Officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the Presiding Officer, the person persists in violating these rules, the Presiding Officer shall order a recess. The sergeant-at-arms is authorized to warn the person that their conduct is violating the rules and that they are requested to cease such conduct. If upon resumption of the meeting the violation persists, the Presiding Officer shall order another recess, whereupon the sergeant-at-arms shall have the authority to order the person ejected from the meeting and/or cited in violation of Penal Code Section 403.
(2) Motion to Enforce: Any Councilmember may call a point of order should the City Council fail to abide by the provisions of this Policy, whereupon the City Council shall Item Title: 12.3
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Policy No: CC-01
Effective Date:
October 1, 2008
Revision Date: May 4,
2016
immediately act upon the point of order by roll call vote. If the Presiding Officer of the City Council fails to enforce the rules of decorum set forth herein, any member of the City Council may move to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require the Presiding Officer to do so. If the Presiding Officer fails to carry out the will of the majority of the City Council, the majority may designate another member of the City Council to act as Presiding Officer for remainder of the meeting, for the limited purpose of enforcing the rules of decorum established herein.
(3) Clearing the Room: Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, by a majority vote of the Councilmembers the meeting room may be ordered cleared and the meeting shall continue in session. Only matters appearing on the agenda may be considered in such a session.
Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Section 54957.9. (4) Violation of the California Penal Code: A person or persons who willfully and intentionally impair or impede the conduct of a City Council meeting by violating these rules of decorum may be prosecuted under Penal Code Section 403 for disturbing a public meeting.
Every person who violates Penal Code Section 403 is guilty of a misdemeanor.
5. Voting.
Any Councilmember may bring a motion to vote on an agenda matter properly seconded, either for purposes of voting on the particular matter or for discussion. If it appears that there is consensus of opinion among the Councilmembers on the matter to be voted upon, the Presiding Officer may state the consensus of the City Council and ask if there is any objection. If there is no objection, the consensus as so stated shall become the order of the City Council. Otherwise, all votes of the City Council shall be by voice vote. After every vote, the Presiding Officer shall declare the result, and on all but consensus votes, shall note for the record the number of votes for or against the question. A member may change his vote only before the next order of business.
A. Roll Call Voting: Every non-urgency ordinance and any resolution or order for franchises or payments of money shall require three (3) affirmative votes. An urgency ordinance and certain resolutions shall require four (4) affirmative votes (i.e. adding matters to the agenda, Resolution of Necessity). A roll call vote shall be used in these cases with the Mayor called last. Other questions before the Council shall not require a roll call vote unless one is requested by a Councilmember. Roll call votes shall be called in rotating district order, District 1 voting first on the first roll call vote of the meeting, followed by Districts 2, 3 and 4 and then the Mayor. On the second roll call vote of the meeting District 2 shall be the first called to vote, followed by Districts 3, 4 and 1 and then the Mayor. The third roll call of the meeting then Item Title: 12.3
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Policy No: CC-01
Effective Date:
October 1, 2008
Revision Date: May 4,
2016
begins with District 3 followed by Districts 4, 1 and 2 and then the Mayor. The Mayor will always be called last. Each meeting rotation shall begin with District 1 and then rotate through the meeting.
B. Effect of Silence: Unless a Councilmember audibly votes in the negative, disqualifies himself or herself or expressly declines to vote, his or her silence shall be recorded as an affirmative vote on the matter before the Council.
C. Reconsideration: Any Councilmember who voted with the majority may move for a reconsideration of any action at the same or next meeting.
D. Tie Votes: Tie votes shall be lost motions. The matter under consideration resulting in a tie vote shall be continued on the agenda of the next regular meeting unless the Council specifically provides otherwise.
E. Quorum: Unless otherwise provided in state law or the Municipal Code or ordinances, a majority of the City Council present at a meeting shall be sufficient to do business, i.e. if 3 Councilmembers are present, a 2-1 may be sufficient for certain matters that are not ordinances, resolutions, franchise or orders for payment of money.
F. Legally Required Participation: If a majority of the Council were to be disqualified to vote on a matter by reason of potential conflicts of interest, the Council may utilize the "rule of necessity" to select by lot or other random selection that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. Those chosen may vote on the matter but may not discuss it.
6. Robert's Rules of Order.
Because Robert's Rules of Order does not directly apply to City Council meetings, Robert's Rules of Order cannot be strictly followed and, as such, is not formally adopted by the City Council. However, in the absence of an applicable state law or rule, Robert's Rules of Order, Newly Revised, shall be used as a guide. Therefore, for purposes of expediting the transaction of City business in an orderly fashion, the Chart of Related Motions, attached hereto as Exhibit "A", is intended to be used by Council members as a procedural guide. However, no action of the City Council shall be invalidated or the legality thereof affected by the failure or omission to observe or follow Robert's Rules of Order or the attached Chart of Related Motions.
7. Form and Precedence of Related Motions.
Once a main motion is properly brought before the City Council and seconded, related motions may be employed in addressing the main motion. These motions take precedence over the main motion and, if properly made and seconded, must be resolved before the main motion can be acted upon. If a main motion is pending, no related motion other than those specifically listed in the Chart of Related Motions attached hereto as Exhibit "A" may be made, and any Item Title: 12.3
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Subject
Rules of Decorum and Procedures for the
Conduct of City Council Meetings
Policy No: CC-01
Effective Date: October
1, 2008 Revision Date:
May 4, 2016
such motion may be declared out of-order by the Presiding Officer. These related motions may or may not be debatable as indicated in the Chart of Related Motions.
8. City Council Agendas.
A. Order of Business: Generally, the order of business at regularly scheduled meetings of the City Council shall be as follows, unless otherwise re ordered by the Presiding Officer with the consensus of the City Council:
Call to Order
Roll Call
Words of Inspiration
Pledge of Allegiance
Introductions and Presentations
Agenda Approval or Modifications
Public Comments (Non-Agenda Items)
Councilmember Updates and Comments
Approval of Minutes
Consent Calendar
Public Hearing Items
Discussion Items
City Attorney Reports
City Manager Reports
Future Agenda Requests from Councilmembers
Closed Session
Adjournment
Schedule of Future Agenda Items included with each Agenda B. Consent Calendar: Items of a routine or generally uncontested nature may be approved by the City Council in a single motion by adoption of the Consent Calendar. The approval of the Consent Calendar shall signify the approval of each matter or recommendation included therein. Upon request of any Councilmember, or upon the request of a member of the public made through the Presiding Officer, an item may be removed from the Consent Calendar for separate discussion and/or action. Each item proposed for consideration as part of the Consent Calendar, including any recommended action, shall be described on the notice a nd agenda posted for the meeting.
C. Councilmember Comments: In addition to receiving comment from the public, there is a specific item on the agenda for receiving general comments, announcements, and/or suggestions from Councilmembers. These matters may not be discussed or deliberated, and if they do not concern an item on the agenda, shall be handled by the Presiding Officer according to the same procedures set forth for Public Comment. No action may be taken on such matters without being placed on a subsequent agenda.
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City Council Policy
Subject
Rules of Decorum and Procedures for the
Conduct of City Council Meetings
Policy No: CC-01
Effective Date:
October 1, 2008
Revision Date: May 4,
2016
D. Closed Sessions: The City Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider or hear any matter which is authorized to be heard or considered in closed session by State law. If a closed session is included on the agenda, the description of the item need only identify the statutory basis for the closed session, and need not include the specific topic which is the subject of the closed session, unless otherwise required by law. During closed session, the City Council may exclude any person or persons which it is authorized by State law to exclude from a closed session. No minutes of the proceedings of the City Council during closed session are required.
There shall be no closed session during any special emergency meeting.
E. Council Agenda Packets: City Staff should assemble and distribute to each Councilmember the agenda packet, including all agenda item materials and supporting documentation, by 5:00 p.m., the Friday before the City Council meeting. Any supplemental agenda item materials, exhibits, and/or other documents related to an agenda item, proposed to be distributed after the time Councilmember agenda packets are sent, shall be distributed to each Councilmember no later than twenty-four (24) hours prior to the Council meeting, provided however the City Manager may distribute supplemental materials after the twenty-four (24) hour period upon a determination of necessity.
F. Future Events: Future City Events may be displayed on the internal television screen before City Council meetings. Events will be limited to City sponsored activities only.
9. City Council Recognition.
Recognizing members of the public or organizations for significant acts, achievements or lifetime milestones is consistent with the quality of life goals of the City of Menifee. The City Council is committed to the success of the City and extending appropriate City Council recognition to residents and organizations who achieve success in any endeavor is an important element of this commitment to the Council's core values. We believe that appropriate recognition not only enriches our collective experiences, but also seeks to enhance the culture, lifestyle, and freedoms that we enjoy in the City of Menifee.
A. Types of Council Recognition:
(1) Certificate of Appreciation. A certificate of appreciation may be presented to any individual, group of individuals or organization to recognize them for any act or effort that goes above and beyond the norm and is deserving of appropriate recognition.
At the request of the Mayor or any individual Councilmember, the City Clerk's office shall prepare the certificate of appreciation. The inherent duties of the Mayor and each Councilmember, as representatives of the community at-large, provide the authority to issue a certificate of appreciation. Therefore, no formal Council action is required.
Consistent with good protocol and decorum, a Councilmember may not issue a Item Title: 12.3
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Policy No: CC-01
Effective Date:
October 1, 2008
Revision Date: May 4,
2016
certificate of appreciation for a resident or organization in another Councilmember's district without collaboration and consent of their colleague. The Mayor shall also adhere to this protocol.
(2) Certificate of Achievement. A certificate of achievement may be presented to any individual, group of individuals or organization to recognize them for significant acts of individual or organizational achievement in any endeavor that is deserving of appropriate recognition. At the request of the Mayor or any individual Councilmember, the City Clerk's office shall prepare the certificate of achievement. The inherent duties of the Mayor and each Councilmember, as representatives of the community at-large, provide the authority to issue a certificate of achievement.
Therefore, no formal Council action is required. Consistent with good protocol and decorum, a Councilmember may not issue a certificate of appreciation for a resident or organization in another Councilmember's district without collaboration and consent of their colleague. The Mayor shall also adhere to this protocol. (3) City Proclamations.
a. Mayor Signature Only Proclamations. If a certificate of appreciation or achievement is not appropriate and a more formal recognition is desired for an individual through a proclamation, a Mayor Signature Only Proclamation may be used. Similar to certificates of appreciation or achievement outlined above, at the request of an individual Councilmember, the Mayor shall sign a proclamation and no formal Council action is required. The same protocol for certification of appreciation or achievement shall be equally adhered to for signature only proclamation. In the absence of the Mayor, the Mayor Pro Tern shall sign the signature only proclamation. b. Council Approved Proclamation. If a certificate of appreciation or achievement is not appropriate and a more formal recognition is desired for a group of individuals or an organization through a proclamation, then city staff shall agendize the proclamation placing the item on the Consent Calendar for Council approval. Unlike the certificates of appreciation or achievement or signature only proclamations outline above, a Council Approved Proclamation must have the concurrence of one other Councilmember before being placed on the agenda by city staff. The Council Approved Proclamation shall be signed by all members of the City Council. (4) Outstanding Citizen Award Program. The Outstanding Citizen Certificate is presented to an individual or organization who has made an important, noticeable contribution to the community through a specific program or project which demonstrates an impact on the lives of others in the City. These individuals are often called upon for advice and mentoring and lead the way in making Menifee a better place for its residents.
a. Nominations may be made by an individual, business, non-profit, Item Title: 12.3
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Policy No: CC-01
Effective Date:
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Revision Date: May 4,
2016
medical, government agency, educational, religious institution, or Councilmember. The Outstanding Citizen Certificate will be presented at a Council meeting with a maximum of one per month by any one Councilmember in any district, or by the Mayor. The placement of the presentation on the agenda will be coordinated by staff. b. Nominees must live or work in the City of Menifee. The Nomination Application requires: the name, address, and phone number of the nominee; the occupation of the nominee; the district in which the nominee resides; nominator's name, address, and phone number; and the reason for the nomination. c. All recipients of the Outstanding Citizen Award shall subsequently be nominated for Menifee's Outstanding Citizen of the Year. All recipient applications will be submitted to the Menifee Citizens Advisory Committee (MCAC) where they will meet once per year, prior to December 15, for the purpose of determining Menifee's Outstanding Citizen of the Year. The Outstanding Citizen of the Year will be presented with an award during a Council meeting each January and then be forwarded to all annual regional recognition awards requesting a Menifee nominee (example, Supervisor Marion Ashley's 5th District Citizen of the Year Award). (5) Procedures.
a. The Councilmember requesting recognition may decide whether the recognition will be placed on the agenda under "Presentations," or if it will be mailed to the recipient.
b. Recognition requests must be transmitted to the City Clerk Department at least two weeks prior to deadline or as soon as Councilmember is aware of recognition. The request should include sufficient information to assist the City Clerk staff and to minimize staff time in preparing the recognition. c. Recognition requests made from the public must first be vetted through the applicable Councilmember, or Mayor if appropriate, to determine the proper recognition, if any.
d. The City Clerk will finalize the proper recognition document, including the Mayor's and/or Councilmembers' signatures as appropriate. Proclamations and Certificates to be presented at City Council meetings shall be placed in a certificate folder or frame.
e. When recognition is presented during a City Council meeting or other formal event, City Clerk staff shall provide the Mayor, or presenter of the recognition, with a summary of the recognition.
f. The City Clerk shall maintain copies of recognition in accordance Item Title: 12.3
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10. Rules of Decorum and Procedures for the
Conduct of City Council Meetings
with the City's records retention policy.
Placement of Items on City Council Meeting Agenda.
A. Agenda Items:
Policy No: CC-01
Effective Date:
October 1, 2008
Revision Date: May 4,
2016
(1) The City Manager in conjunction with staff shall have the primary responsibility for placing matters on the City Council agenda in accord with the identified City needs and scheduling.
(2) All regular City Council Agendas shall include an item entitled "Future Agenda Requests from Councilmembers." Members of the City Council shall generally use this opportunity to request items be placed on the agenda. If a member of the City Council requests an item to be placed on the agenda and receives the support of at least one other member of the Council, that item will be placed on a future agenda through the agenda setting process. (3) In the event that a member of the City Council wishes to request an item be placed on the Agenda outside the regular City Council agenda process, that request shall be communicated to the City Manager for consideration and scheduling in accord with the agenda setting process (Section 98).
a. The agenda setting process:
i. Prior to release and posting of a final City Council agenda, an agenda setting meeting shall be held including the City Manager, the City Clerk and the Mayor, or another member of the City Council designated by the Mayor to serve in his absence.
At the agenda setting meeting the proposed agenda shall be reviewed and any necessary adjustments shall be made to schedule urgent items.
ii. At the agenda setting meeting, the City Manager shall present any items requested by any member of the City Council outside the regular meeting process together with an explanation of the need for immediate placement on the agenda. iii. In the event an item is brought to the attention of the City Manager that requires immediate Council attention after the agenda setting meeting, the City Manager or the City Clerk will contact the Mayor to communicate and consult with the Mayor or his designee with regard to the need for the item to be added to the agenda. iv. With regard to items requested by members of the City Council during the regular City Council meeting, such items will be scheduled for the next City Council meeting whenever possible. If an item requires additional staff work that cannot be completed in that time frame, such items shall appear on the agenda as "Scheduled Future Agenda Items" with a notation as to when they are scheduled to be brought to the Council for action.
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Subject
Rules of Decorum and Procedures for the
Conduct of City Council Meetings
Policy No: CC-01
Effective Date:
October 1, 2008
Revision Date: May
4, 2016
11. Public Hearings Required by Law.
Except as provided otherwise by law, public hearings shall generally be conducted as follows:
A. At the beginning of each public hearing item, the Presiding Officer shall announce the item for the public hearing, request that Staff present the Staff report and any other relevant evidence, and open the public hearing. The presentation of the Staff report prior to the formal opening of the public hearing shall not prevent its consideration as evidence. Any such evidence shall be made a part of the record of the public hearing.
8. Following the Staff report and opening of the public hearing, the Presiding Officer shall thereupon call upon the proponent (if other than staff) to present his/her its presentation.
Thereafter, the Presiding Officer shall inquire as to whether there are any persons present who desire to address the City Council on the matter. Any person desiring to speak or present evidence shall then make their presence known to the Presiding Officer and, upon being recognized by the Presiding Officer, may speak or present evidence relevant to the subject matter being heard. No person may speak without first being recognized by the Presiding Officer. It is customary for the Presiding Officer to recognize those speakers in support of the subject matter being heard followed by those speakers in opposition.
C. The applicants, appellant, and/or their representatives shall speak first and shall have a sufficient time to do so, any portion of which may be reserved and used for rebuttal.
D. Each member of the public wishing to address the City Council, other than the applicant/appellant, shall then be allowed to address the City Council and shall have three (3) minutes to speak. Prior to declaring the public hearing open, however, when necessary because of the number of possible speakers, the Presiding Officer may establish a time limit for the entire public hearing, or establish time limits for the presentation of each individual speaker. All persons interested in the matter being heard by the City Council shall be entitled to submit written evidence or remarks, as well as other graphic evidence. All such evidence presented shall be retained by the City Clerk as part of the Clerk's record.
E. Councilmembers who wish to ask questions of the speakers, staff or each other, during the public hearing portion, may do so only after being recognized by the Presiding Officer in the manner set out in these Rules.
F. Councilmembers should be mindful that the purpose of the public hearing is to obtain testimony, and not to debate the merits of the item under consideration. Councilmembers should avoid debate and expressions of personal opinion until after the close of the public hearing.
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Rules of Decorum and Procedures for the
Conduct of City Council Meetings
Policy No: CC-01
Effective Date:
October 1, 2008
Revision Date: May 4,
2016
G. Following the conclusion of such questions, the Presiding Officer shall allow the applicant/appellant the opportunity for rebuttal.
H Following the rebuttal, the Presiding Officer shall close the public hearing and then allow each Councilmember to state his/her opinion on the item before asking for a motion to decide the matter.
I. Upon closing of the public hearing by the Presiding Officer, no additional public testimony shall be solicited or received by the City Council without reopening the public hearing through the Presiding Officer with consensus of the City Council.
J. The Presiding Officer at all times shall conduct the public hearin,g in such a manner as to afford due process to all affected persons
12. Suspension of the Rules.
Any provision of these Rules not already governed by City ordinance or State law may be suspended by majority vote of the City Council.
13. Interpretation and Applicability.
The rules of decorum and procedure set forth herein shall be liberally construed to effectuate their purpose and no ordinance, resolution, proceeding or other action of the City Council shall be invalidated, nor the legality thereof otherwise affected, by the failure or omission of the City Council to technically comply with, observe, or otherwise follow such rules. The rules of decorum and procedure set forth herein shall apply to the Planning Commission and other City boards and commissions subject to the Brown Act and shall apply to the City Council Chambers or any other location where a meeting subject to these rules takes place. In the event of any inconsistency between these rules and state law or regulation, state law or regulation shall apply.
Revision History
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Rules of Decorum and Procedures for the
Conduct of City Council Meetings
Policy No: CC-01
Effective Date:
October 1, 2008
Revision Date: May
4, 2016
Revision No. Date Approved By: Comments Approved
0 10/1/2008 City Council Original Policy
1 1/5/2010 City Council Revision
2 7/6/2010 City Council Revision
3 12/21/2010 City Council Revision
4 5/17/2011 City Council Revision
5 1/22/2013 City Council Revision
6 1/8/2014 City Council Revision
7 5/04/2016 City Council Revision
Scott A. Mann, Mayor
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Policy CC-02, Page 1 of 3
CITY OF MENIFEE
City Council Policy
Policy Number: CC-02
Approving Authority:
City Council
Subject
City Council Standing Committees, Regional Boards and
Regional Commissions --
Assignments and Reporting
Effective Date: 10/21/2008
Last Modified: 12/15/2022
1.0 PURPOSE
The purpose of this Policy is to provide for annual confirmation or adjustment of Council member appointments t o Council standing committ ees, Regional Boards and Regional Commissions and to establish regular and routine communication of the actions of such Regional Boards and Regional Commissions by the representatives to them.
2.0 SCOPE / BACKGROUND
The scope of this policy applies to all elected and appointed officials representing the City of Menifee on various committees, commissions or boards.
3.0 POLICY
The City Council annually, or otherwise as necessary, assigns its Members to various City Standing Comm ittees as well as Regional Boards and Regional Commissions where a City representative and alternate is required. These Standing Committees, Regional Boards and Regional Commissions meet at different times of each month or year. The chair of each Standing Committee will report its recommendations and actions at each Council Meeting. Likewise, the responsibility for communicating the City’s interests rests with each individual City Council Member who will report after each meeting of the Regional Board or R egional Commission, whenev er scheduled, or otherwise as necessary to update or obtain consent from the City Council for any position to be taken by the Council, or other action of the Council as appropriate.
Designation of Standing Committees: The City Council hereby creates the following Standing Committees that shall have duties as provided in this Policy or otherwise determined by the City Council. Each Standing Committee shall consist of two Council members appointed as set out in this Policy.
A. Finance and Investment Committee, which will study matters relating to budget, financial impacts, and investments and make recommendations to the Council as a whole.
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Policy CC-02, Page 2 of 3
B. City & School Districts Committee, which meets annually prior to start of school year
In addition to such Standing Committees, the Mayor from time to time may create ad hoc committees and appoint two Council members to each such ad hoc committee.
4.0 PROCEDURE
Annually, at the Council’s organizational meeting (the first meeting in December or other date as de termined by the Council), the City Council shall review Standing Committee, Regional Boards and Regional Commission assignments.
No later t han two weeks before that meeting the City Clerk shall circulate a list of Standing Committees, Regional Board and Regional Commissions showing the duties, compensation, meeting times and the current Council representative and alternate.
In advance of the organizational meeting, each Council member (as an informational matter), shall indicate on tha t list whether h e or she wishes to remain on the same Standing Committees, Regional Board or Regional Commission or whether he or she wishes to change. Each Council member then shall provide a copy to the City Clerk.
Along with the agenda materials for the organizational meeting, the City Clerk shall provide the list with any annotations from Council members.
Appointment:
The Mayor shall be responsible fo r appointing the Council representatives to each Standing Committee, Regional Board or Regional Com mission, includ ing t he Mayor himself or herself.
In the event that no Council members indicate an interest in a Standing Committee, Regional Board or Regional Commission, the Mayor may appoint a Council member.
The appointments shall be made by the Mayor and the Council shall ratify such appointments by majority vote.
All assignments take effect January 1 of the following year. Notwithstanding, such assignments may also be reviewed and/or changed throughout the year as the need arises. A representative or alternate may be removed without cause and without his or her consent by majority vote of the City Council.
City Council meetings are the avenue for City Council Members to report on their various assignments. Standing Committees, Regional Boards and Regional Commis sions will be listed on the City Council agenda under the name of the representative.
5.0 RESPONSIBILITIES
• The City Manager and City Clerk will coordinate, track and facilitate the appointments.
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• The City Council makes all appointments according to this policy.
6.0 DEFINITIONS
Appointment: To select or designate a representative to fill an office or a position.
Revision History
Revision No.
Date
Approved Approved By: Comments
0 10/21/2008 City Council Original Policy
1 6/08/2011 City Council Modified Policy
2 12/15/2022 City Council Modified Policy
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CITY OF MENIFEE
ADOPTED
JULY 15, 2020
UPDATED
JANUARY 18, 2023
CITY
COUNCIL
CODE OF
ETHICS
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1Table of Contents
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
Table of Contents Page
CHAPTER 1—FORM OF GOVERNMENT
1.1 Form of Government ........................................................................................................2 CHAPTER 2—COUNCIL POWERS AND RESPONSIBILITIES
2.1 City Council Generally .....................................................................................................3
2.2 Mayor and Mayor Pro Tem—Appointment, Power, and Duties .............................3
2.3 Council Actions ..................................................................................................................4
2.4 Councilmember Committees .........................................................................................4
2.5 Establishment and Appointment of Council Advisory Bodies ..............................5 CHAPTER 3—LEGAL AND ETHICAL STANDARDS
3.1 Preamble .............................................................................................................................6
3.2 Public Interest ....................................................................................................................6
3.3 Conduct ...............................................................................................................................6
3.4 Conflict of Interest .............................................................................................................7
3.5 Compliance and Enforcement—All Rules .................................................................15
3.6 AB 1234—Required Ethics Training ............................................................................16 CHAPTER 4—COMMUNICATIONS
4.1 Wri tten Communications ................................................................................................17
4.2 Request for Staff Resources ..........................................................................................17
4.3 Relationship/Communications with Staff ...................................................................17
4.4 Council Relationship/Communication with Council Advisory Bodies ...............18
4.5 Handling of Litigation and Other Confidential Information ..................................18
4.6 Representing an Official City Position .......................................................................18
4.7 Quasi-Judicial Role/Ex Parte Contacts ......................................................................19
4.8 No Attorney-Client Relationship ..................................................................................19 CHAPTER 5—COUNCIL ADVISORY BODIES
5.1 Commissions, and Committees Generally ..............................................................20
5.2 Commission, and Committee Organization and Conduct................................... 20
5.3 Commission, and Committee Appointments ...........................................................21
5.4 Commissions, and Committees—Vacancy of Office ..............................................21
5.5 Commissions, and Committees - Removal ...............................................................21 CHAPTER 6—MEETINGS
6.1. R alph M. Brown Act .......................................................................................................22
6.2 Regular Meetings ...........................................................................................................22
6.3 Special and Emergency Meetings .............................................................................22
6.4 Meeting Agendas ...........................................................................................................22
6.5 Agenda Packets ............................................................................................................. 23 CHAPTER 7—COUNCIL FINANCIAL MATTERS
7.1 Comp ensation .................................................................................................................24
7.2 Benefits .............................................................................................................................24
7.3 City Council Budget and Expenses ...........................................................................24 Item Title: 12.3
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CHAPTER 1—FORM OF GOVERNMENT
1.1 Form of Government
1.1.1 The City of Menifee municipal government operates under a council-manager form of government as established by the City Municipal Code.
1.1.2 Under this form of government, the Council provides legislative direction, sets City policy and monitors its execution by City staff. The City Manager serves as the City’s chief administrative officer and is responsible for directing the day-to-day operations of the City.
1.1.3 The key provisions that outline City of Menifee’s council-manager form of government are found in Chapter 2.08 of the City Municipal Code.
“The City Manager shall be the administrative head of the government of the city under the direction and control of the City Council, except as otherwise provided in this chapter. The City Manager shall be responsible for the efficient administration of all affairs of the city which are under his or her control.” The City Manager shall be expected and shall have the power as stated in section 2.08.060 of the Menifee Municipal Code.
Specifically, the Menifee Municipal Code includes the following provisions:
1.1.3.1 The City Manager shall appoint, remove, promote and demote any and all officers and employees of the city, except elected officers and the City Attorney, and specifically including the City Clerk and the City Treasurer (although the City Manager may serve in these positions as well), subject to all applicable personnel rules and regulations which may be adopted by the city.
1.1.3.2 The City Council and its members shall deal with the administrative services of the city only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager.
1.1.3.3 For purposes hereof, INQUIRY means any and all communications short of giving orders, directions or communications short of giving orders, directions or instructions to any member of the administrative staff.
NOTE: See Chapter 4, Communications, for additional information regarding communications with staff.
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CHAPTER 2—COUNCIL POWERS AND RESPONSIBILITIES
2.1 City Council Generally
2.1.1 The City Council has the power, in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants, which are not specifically prohibited by the constitution, the City Municipal Code, or State or Federal laws.
2.1.2 The Council acts as a body. Policy is established by majority vote. A decision of the majority binds the Council to a course of action. The Council majority may be a majority of the quorum of the Council.
2.1.3 No Councilmember has extraordinary powers beyond those of other members (except as may otherwise be provided in State law). All members, including the Mayor, have equal powers.
2.1.4 No member of the Council is permitted to hold any other City office or City employment (except as may otherwise be provided in the City Municipal Code).
2.2 Mayor and Mayor Pro Tem—Appointment, Power, and Duties
2.2.1 The selection of Mayor Pro Tem occurs annually in December, during the Council’s “Reorganization” meeting by majority vote of the City Council.
2.2.2 The Mayor Pro Tem is responsible to select the Annual Initiative (or theme) to be included in the City’s annual budget book, displayed at the City’s annual Fourth of July event, and used throughout the fiscal year in City communications, press, and events.
2.2.3 The Mayor is the presiding officer of the City Council. In the Mayor’s absence, the Mayor Pro Tem shall perform the duties of the Mayor.
2.2.4 The Mayor, in partnership with the Council District Representative, is the official head of the City for all ceremonial purposes.
2.2.5 The Mayor may perform such other duties consistent with the mayoral office as may be prescribed by the City Municipal Code or as may be imposed by the Council.
2.2.6 The Mayor does not possess any power of veto.
2.2.7 The Mayor, or Council designee, coordinates with the City Manager in the review of agendas for meetings of the City Council. The complete agenda setting process is outlined in City Council Policy No. 1: Rules of Decorum and Procedure for the Conduct of City Council Meetings.
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2.2.8 The Mayor Pro T em serves at the pleasure of the Council and can be replaced at any time by a majority vote of the Council.
2.3 Council Actions
2.3.1 L egislative actions by the City Council can be taken by means of ordinance, resolution, or minute action duly made and passed by the majority (unless otherwise provided).
2.3.2 Public actions of the Council are recorded in the minutes of the City Council meeting. The City Clerk is required to make a record only of business actually passed upon by a vote of the Council and is not required to record any remarks of Councilmembers or of any other person, except at the special request of a Councilmember, with the consent of the Council.
2.3.3 Actions of the Council concerning confidential property , personnel, and/or legal matters of the City are to be reported consistent with State law.
2.4 Councilmember Committees (R efer to City Council Policy No. 2 – Regional Boards and Regional Commissions – Assignments and R eporting.)
2.4.1 The City Council may organize itself into standing and/or special/ad hoc committees of the Council to facilitate Council review and action regarding certain matters referred to them by the City Council or in accordance with City Council Policy No. 2, City Council Standing Committees, Regional Boards and Regional Commissions – Assignments and Reporting.
2.4.2 All work undertak en by a Councilmember committee must originate with the Council or as permitted under City Council Policy No. 2. All actions of committees shall be reported to the Council.
2.4.3 The Council may create or dissolve standing committees at any time by the affirmative vote of a majority of the Council.
2.4.4 The Mayor annually appoints members to standing committees at the annual Council R eorganization in December.
2.4.5 The Council or the Mayor may create special or ad hoc committees. The Mayor appoints members to special or ad hoc committees.
2.4.6 The Council may dissolve special or ad hoc committees.
2.4.7 If permitted by the R alph M. Brown Act, other members of the Council not assigned to a committee may attend meetings of a committee, as an observer, however, they shall be seated with the audience and may not participate in any manner or address the committee.
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2.4.8 If an absence is anticipated on a committee and that absence may impede the work of the committee, the assigned alternate member will attend in the committee member’s place. If the alternate member is not available, the committee chair or other member may request that the Mayor designate another member of the Council to attend for the absent member and serve as an alternate member of the committee, provided that the member’s attendance, in the opinion of the City Attorney, will comply with the Brown Act. The term for service by the alternate member will be the term designated in the appointment, or for one meeting, if no term is specified.
2.5 Establishment and Appointment of Council Advisory Bodies
2.5.1 The Menifee Municipal Code establishes a Planning Commission and a Parks, Recreation and Trails Commission.
2.5.2 The City Council may establish by ordinance or resolution, commissions and committees to assist the Council in making its policy decisions.
2.5.3 The rules of procedure and code of conduct that govern the City Council apply with equal force to all Commissions and Council advisory bodies.
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6 Chapter 3 - Legal and Ethical Standards
CHAPTER 3—LEGAL AND ETHICAL STANDARDS
3.1 Preamble
The residents and businesses of Menifee are entitled to have fair, ethical, and accountable local government.
Such a government requires that public officials:
• Comply with both the letter and the spirit of the laws and policies affecting operations of the government; • Be independent, impartial, and fair in their judgment and actions; • Use their public office for the public good, not for personal gain; and • Conduct public deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility.
To this end, the Menifee City Council has adopted a code of ethics to encourage public confidence in the integrity of local government and its fair and effective operation.
This City Council code of ethics shall reside in two documents—the City Council Code of Ethics and the City Council Personal Code of Ethics. The City Council Code of Ethics and the Personal Code of Ethics shall not be interpreted to conflict with other rights and responsibilities of public officials set forth in this code or Federal, State, or local law. The City Council Code of Ethics shall be considered to be the definitive document relating to ethical conduct by City of Menifee Councilmembers. The Personal Code of Ethics shall be considered a summary of the full City Council Code of Conduct.
3.2 Public Interest
3.2.1 R ecognizing that stewardship of the public interest must be their primary concern, Councilmembers shall work for the common good of the people of Menifee and not for any private or personal interest. Councilmembers must endeavor to treat all members of the public and issues before them in a fair and equitable manner.
3.2.2 Councilmembers shall comply with the laws of the nation, the S tate of California, and the City in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the City of Menifee Municipal Code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and City ordinances and policies.
3.3 Conduct
3.3.1 Councilmembers shall refrain from abusive conduct, personal charges, written, verbal, or public, and continuous attacks upon the character or motives of other members of the City Council, commissions, committees, City Manager, City Manger’s staff, City Attorney, or the public.
3.3.2 Councilmember duties shall be performed in accordance with the processes and rules of order established by the City Council.
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3.3.3 Councilmembers shall inform themselves on public issues, listen attentively to public discussions before the body, and focus on the business at hand.
3.3.4 Council decisions shall be based upon the merits and substance of the matter at hand.
3.3.5 It is the responsibility of Councilmembers to publicly share substantive information that is relevant to a matter under consideration that they have received from sources outside of the public decision-making process with all other Councilmembers and the public prior to taking action on the matter.
3.3.6 When needed, at the discretion of the City Manager, appropriate City staff should be involved when Councilmembers meet with officials from other agencies, jurisdictions, or any project applicant to ensure proper staff support as needed and to keep staff informed.
3.3.7 Councilmembers shall not attend internal staff meetings or meetings between City staff and third parties unless invited by City staff or directed by Council to do so.
3.3.8 Policy Role
3.3.8.1 Councilmembers shall respect and adhere to the council- manager structure of Menifee City government as provided in State law and the City Municipal Code.
3.3.8.2 Councilmembers shall support the maintenance of a positive and constructive environment for residents, businesses, and City employees.
3.3.9 Implementation
3.3.9.1 Ethics standards shall be included in the regular orientations for City Council candidates.
Councilmembers entering office and upon reelection to that office shall sign a City Council Personal Code of Ethics statement (Attachment 1) affirming they have read and understand this Menifee City Council Code of Ethics.
3.4 Conflict of Interest
3.4.1 In order to assure their independence and impartiality on behalf of the public good, Councilmembers are prohibited from using their official positions to influence government decisions in which they have a financial interest or where they have an organizational responsibility or a personal relationship that would present a conflict of interest under applicable State law.
3.4.2 In accordance with State law, Councilmembers must file annual written disclosures of their economic interests.
3.4.3 Councilmembers shall not take advantage of services or opportunities for personal gain by virtue of their public office that are not available to the public in general.
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3.4.4 Councilmembers shall respect and preserve the confidentiality of information provided to them concerning the confidential matters of the City. They must neither disclose confidential information without proper legal authorization nor use such information to advance the personal, financial, or private interests of themselves or others.
3.4.5 City Councilmembers should avoid any action that could be construed as, or create the appearance of, using public office for personal gain, including use of City stationery or other City resources to obtain or promote personal business.
3.4.6 Public resources not available to the general public (e .g., City staff time, equipment, supplies, or facilities) shall not be used by Councilmembers for private gain or personal purposes.
3.4.7 In k eeping with their role as stewards of the public interest, Councilmembers shall not appear on behalf of the private interests of a third party before the City Council or any commission, or committee or proceeding of the City, except as permitted by law.
3.4.8 T o the best of their ability, Councilmembers shall represent the official policies and positions of the City Council. When presenting their personal opinions or positions publicly, members shall explicitly state they do not represent the Council or the City.
3.4.9 City of Menifee City Municipal Code Provisions
3.4.9.1 Financial Interests in City Contracts Prohibited.
No officer or employee of the City shall become financially interested except by testate or intestate succession, either directly or indirectly, in any contract, sale, purchase, lease, or transfer of real or personal property to which the City is a party or be employed by any public service corporation regulated by or holding franchises in the City.
3.4.9.2 Nepotism.
Consistent with Human Resources Policy HR-15 (Nepotism) and Section 11 of the Personnel Rules (Relatives Working for the City), no person who is a relative of any City Council Member, City Commissioner shall be appointed to a position within the City organization. For these purposes a “relative” is someone related by blood or marriage within the second degree (i.e., parent, child, brother, sister, mother, father, grandchild, grandparent, uncle, aunt) to a City Council Member or City Commissioner.
3.4.9.3 P olitical Activities Prohibited; Discrimination.
This provision provides that:
1. Councilmembers shall not ask employees to take an active part in any municipal or other political campaign, while in uniform or during the employee’s working hours.
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2. No employee shall Councilmembers shall not seek or accept contributions for or against a candidate or issue from employees, while they are in uniform or during the employee’s work hours..
3. Councilmembers shall not ask an employee to seek or accept signatures to any petition for or against any such candidate or issue during his or her work hours.
4. No person in the classified service shall be employed, promoted, demoted, or discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief.
5. For purposes of this section, the term “employee” shall include contract employees and consultants who function as City employees.
3.4.10 Menifee City Code Provisions
3.4.10.1 Use of City Property—Limited to L awful Business of City.
No person or persons other than City officials or employees shall use any City-owned equipment, tools, or paraphernalia other than for the purpose of conducting the lawful business of the City.
3.4.10.2 Use of City Property for Private Purposes by City Official, Employee , etc.
No City official, City employee, or other person shall borrow, take, or remove any City-owned equipment, tools, or paraphernalia for private use.
3.4.10.3 Use of City Property—L oan, etc., by City Official, Employee, etc.
No City official, City employee, or any other person shall lend, give, or transfer possession of such City-owned equipment, tools, or paraphernalia to any other City official, employee, or any other person with knowledge that the same shall be used for private purposes.
3.4.11 California S tate Law Regarding Conflicts
Four key areas of California State law regulate the ethics of public officials.
3.4.11.1 Constitutional prohibitions
State law strictly forbids elected and appointed public officials from accepting free or discounted travel from transportation companies. The penalty for a violation includes the forfeiture of office.
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3.4.11.2 Contractual conflicts of interest
This prohibition, found in Government Code Section 1090, applies to elected and appointed officials as well as other City staff members. It prohibits the City from entering into a contract if one of its members (i.e., a Councilmember) is financially interested in the contract. If the bar (or prohibition) applies, the agency is prohibited from entering into the contract whether or not the official with the conflict participates or not. In some limited circumstances, officials are allowed to disqualify themselves from participation and the agency may enter into the contract.
Financial interest has been defined to include employment, stock/ownership interests, and membership on the board of directors of a for-profit or nonprofit corporation, among others.
Violations can be charged as a felony. A person convicted of violating Government Code Section 1090 is prohibited from ever holding public office in the State.
3.4.11.3 P olitical Reform Act—Conflicts of Interest
The Political Reform Act (PRA) was adopted by the voters in 1974 and is the primary expression of the law relative to conflicts of interest (and campaign finance) in California. The Act created the Fair Political Practices Commission (FPPC), a five-member State board which administers the Act.
The Act and the regulations are complex and are continuously subjected to official interpretation. The following synopsis of
key parts of the Act will be helpful in spotting issues; however, the FPPC and/or City Attorney should be consulted for further advice and clarification.
With respect to conflicts of interest, the FPPC has promulgated a regulation which establishes an analysis which assists in determining whether a public official is participating in a government decision in which they have a qualifying financial interest and whether it is reasonably foreseeable that the decision will have a material financial effect on the public official’s financial interest, which is distinguishable from the effect the decision will have on the public generally.
3.4.11.3.1 If a member has a conflict of interest regarding a particular decision, they must refrain from making or participating in the making of a decision unless otherwise permitted by law.
If a public official has a financial interest that gives rise to a conflict of interest, one of the key determinations in the eight-step analysis is to determine whether or not the public official is “participating in” or “making” a governmental decision.
3.4.11.3.1.1 A public official mak es a government decision when they do the following:
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• V ote on a matter.
• Appoint a person.
• Obligate or commit his or her agency to any course of action.
• Enter into any contractual agreement on behalf of his or her agency.
• Determine not to act in certain circumstances.
3.4.11.3.1.2 A public official participates in making governmental decisions when acting within the authority of his or her position, they do the following:
• Negotiate without significant substantive review with a governmental entity or private person regarding a
governmental decision.
• Advise or mak e recommendations to the decision-maker either directly or without significant intervening substantive review by:
— Conducting research or an investigation which requires the exercise of judgment on the part of the official
and the purpose of which is to influence governmental
decisions; or
— Preparing or presenting any report, analysis, or opinion orally or in writing which requires the exercise of
judgment on the part of the official and the purpose of which is to influence a governmental decision.
3.4.11.3.2 When a public official has a qualifying financial interest, that official may not use their office or otherwise attempt to influence governmental decisions or make appearances or contacts on behalf of a business entity, client, or customer.
3.4.11.3.3 If an official has a qualifying financial interest, there are nevertheless exceptions which allow a public official to make an appearance before an agency in very limited circumstances. The one that is most commonly encountered is an appearance by a public official to represent himself or herself with respect to a proposed project or change in their neighborhood.
If the appearance is permitted under State law, the appearance is limited to appearing at a public meeting at the podium and addressing a commission, or the City Council. The official may not contact members of staff, the City Manager, or City Attorney, or discuss the matter with other Councilmembers.
A public official with a conflict cannot interact with staff on that issue other than to ask questions, pay fees, etc.
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3.4.11.3.4 P olitical Reform Act—Gifts, etc.
Qualifying gifts of $50 or more must be reported on an official’s Statement of Economic Interest (SEI). In addition, the Political Reform Act imposes a limit on gifts a local official can receive. The dollar amount of the gift limit is modified every odd year to reflect changes in the Consumer Price Index.* There are various exceptions that apply to whether or not a gift is a “qualifying gift.” In some instances, the gift limit does not apply (e.g., wedding gifts); however, the obligation to report the gift typically does apply. • A gift is a payment made by any person of anything of value, whether tangible or intangible, real or personal property, a good or service that provides a personal
benefit to an official when the public official does not provide goods or services of equal or greater value. It can include forgiveness of a debt, a rebate or discount unless the rebate or discount is made through the regular course of business to members of the public.
• There are e xceptions to gifts for informational material, gifts that are returned unused, gifts from relatives— close family, campaign contributions, home hospitality, benefits commonly exchanged, reciprocal exchanges, acts of neighborliness, bona fide dating relationship, acts of human compassion, ceremonial role, etc.
• There are specific regulations for how gifts are valued, particularly with the value of tickets and passes and
attendance at dinners and events.
• Gifts can be given to the public agency and they are not charged as gifts to an individual who may use the gift (e.g., tickets) provided the express terms of the appropriate
regulation are satisfied.
3.4.11.3.4.1 T ravel Reimbursements
The Political Reform Act contains
extensive regulations on travel
reimbursements; however, travel
payment by one’s own public agency as
part of your official duties are typically
exempt. Reimbursement from other
entities (other than transportation
companies) within California and
outside of California are subject to very
specific rules.
* The gift limit can be found in Government Code §89503.
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3.4.11.3.4.2 Honoraria
Honoraria are defined as a payment
made in return for giving a speech,
writing an article, or attending a public or
private conference, convention, meeting,
social event, meal, or similar gathering.
Honoraria should be distinguished
from campaign funds that go into that
person’s campaign or to a political party.
Campaign funds cannot be used for
personal benefit.
• Local elected officials or candidates
may not accept honoraria. A
local agency employee who is
required to file a Statement of
Economic Interest (Form 700) may
not accept honoraria from any
source requiring disclosure on a
public official’s SEI. There
are approximately 12 exceptions to
honoraria, including payments made
for comedic, theatrical, and musical
performances; income from bona
fide personal services in connection
with teaching, practicing law, etc.;
and travel, lodging, and subsistence
in connection with a speech, limited
to the day before, day of, and day
after within the United States.
• The e xceptions for income from
personal services in connection with
teaching and practicing law do not
apply if the sole or predominant
activity is giving speeches.
3.4.11.3.4.3 P olitical Reform Act—Mass Mailings
A mass mailing is defined as 200 or
more substantially similar pieces of mail
sent at public or private expense by a
public official within a calendar month.
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• Sent at Private Expense—If sent for a
political purpose, sender must place
the name and address on the outside
of the envelope.
• Sent at Public Expense—These
mailings are subject to strict
limitations. For example, the mailing
may not contain the name or pictures
of elected officials except as part
of the standard letterhead, and
within the confines of that regulation
they cannot be of different size
or otherwise emblazoned on the
mailing. Because the rules are
complex, staff should be consulted
for assistance.
3.4.11.3.4.4 P olitical Reform Act—Enforcement
The FPPC can assess administrative
fines and penalties for violation of
the Act. The District Attorney and the
State Attorney General may prosecute
violators as civil or criminal matters.
Violators may also be removed from
office pursuant to Government Code
Section 3060.
3.4.11.4 Common L aw Conflicts of Interest
This is the judicial expression of the public policy against public officials using their official position for private benefit. An elected official bears a fiduciary duty to exercise the powers of office for the benefit of the public and is not permitted to use those powers or their office for the benefit of any private interest. This common law doctrine continues to survive the adoption of various statutory expressions of conflict law.
3.4.11.5 Appearance of Impropriety
When participation in action or decision-making as a public official does not implicate the specific statutory criteria for conflicts of interest; however, participation still does not “look” or “feel” right, that public official has probably encountered the appearance of impropriety.
NOTE: State laws governing conflicts of interest are written to ensure that actions are taken in the public interest. These laws are very complex. Councilmembers should consult with the City Attorney, their own attorney, or the Fair Political Practices Commission for guidance in advance.
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For the public to have faith and confidence that government authority will be implemented in an even-handed and ethical manner, public officials may need to step aside even though no technical conflict exists. An example is where a long-term nonfinancial affiliation exists between the public official and an applicant or the applicant is related by blood or marriage to the official. For the good of the community, members who encounter the appearance of impropriety should step aside.
3.5 Compliance and Enforcement—All Rules
Councilmembers take an oath when they assume their office in which they promise to uphold the laws of the State of California, the City of Menifee, and the United States of America. Consistent with this oath is the requirement of this Council policy to comply with the laws as well as report violations of the laws and policy of which they become aware.
3.5.1 Any suspected violation or alleged violation by a Councilmember must be reported to the City Attorney. In the case of a City staff member making the report regarding a Councilmember, the report should be made to the City Manager who will then report it to the City Attorney. Upon report, the City Manager and City Attorney will follow the protocols for addressing the violation or alleged violation:
3.5.1.1 If the City Manager and City Attorney agree that the violation or alleged violation is minor in nature, either the City Manager or City Attorney may contact the individual Councilmember and advise the member of the concern and seek to resolve the matter.
3.5.1.2 In implementing the provisions of this section, the City Attorney will be authorized to conduct all inquiries and investigations as necessary to fulfill their obligation.
3.5.1.3 For purposes of Sections 3.5.1.1 and 3.5.1.2, the incident or violation is not minor if it involves the injury or potential injury to any person (e.g., physical, emotional, defamation, harassment, etc.), significant liability to the City or the probability for a repeat occurrence.
3.5.2 Councilmembers wishing to report a suspected violation by a staff member should report it to both the City Manager and City Attorney.
3.5.3 This policy and the protocols set forth are alternatives to any remedy that might otherwise be available or prudent. In order to ensure good government, any individual, including the City Manager and City Attorney, who believes a violation may have occurred is hereby authorized to report the violation to other appropriate authorities.
3.5.4 These same protocols may be utilized for any suspected violations or alleged violations by a Council advisory body member. In addition to those protocols, the City Manager or City Attorney may also refer the matter to the City Council if further action is needed.
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16 Chapter 3 - Legal and Ethical Standards
3.6 AB 1234—R equired Ethics Training
AB 1234 requires elected or appointed officials who are compensated for their service or reimbursed for their expenses to take two hours of training in ethics principles and laws every two years. It is the City’s policy to emphasize the importance of ethics in government and although not required, it is highly encouraged that all advisory body members, including Committees and Commissions, adhere to the same requirements. The training must occur within two months of assuming office and be renewed within two months of the expiration of the current certificate.
The training must cover general ethics principles relating to public service and ethics laws including:
• L aws relating to personal financial gain by public officials (including bribery and conflict of interest laws); • L aws relating to office-holder perks, including gifts and travel restrictions, personal and political use of public resources, and prohibitions against gifts of public funds; • Governmental transparency laws, including financial disclosure requirements and open government laws (the Brown Act and Public Records Act);
• Laws relating to fair processes, including fair contracting requirements, common law bias requirements, and due process.
3.6.1 Enforcement
• Noncompliant Council or advisory body members may not attend conferences or training (e xcept ethics training), using tickets provided through the City’s ticket distribution program at the City’s expense, during the period of noncompliance;
• Should noncompliance by an advisory body member continue for 30 days without substantiated extenuating circumstances such as illness, disability, family tragedy, etc., the City Clerk is directed to bring the matter to the City Council for consideration of removing the advisory body member from service on their respective body; and
• Training deadlines may be temporarily postponed for noncompliant advisory body members who are temporarily unable to fulfill their duties, including attending scheduled meetings. Training must be completed within 60 days of returning to service.
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17Chapter 4 - Communications
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
CHAPTER 4—COMMUNICATIONS
4.1 Written Communications
4.1.1 Written communications addressed to the City Council and all commission legislative bodies are to be referred to the City Clerk for:
Forwarding to the Council and Commissioners with their agenda packet, or place in their in-box.
4.2 Request for Staff Resources
4.2.1 Council requests for research or other staff work must be directed to the City Manager, or to the City Attorney if regarding legal matters.
If more than one hour of staff time will be required to complete the task/project, the item will be agendized to ask the City Council if time should be spent on preparing a report on the proposed item.
Staff responses prepared to Council inquiries shall be distributed to all City Councilmembers through the Council monthly update.
4.3 Relationship/Communications with Staff
Staff serves the City Council, through the authority of the City Manager, as a whole, therefore:
4.3.1 A Councilmember shall not direct staff to initiate any action, change a course of action, or prepare any report. A Councilmember shall not initiate any project or study without the approval of the majority of the Council.
4.3.2 Councilmembers shall not attempt to pressure or influence discussions, recommendations, workloads, schedules, or department priorities absent the approval of a majority of the Council.
4.3.3 When preparing for Council meetings, Councilmembers should direct questions ahead of time to the City Manager during Council briefings so that staff can provide the desired information at the Council meeting.
4.3.4 Any concerns by a member of the City Council regarding the behavior or work of a City employee should be directed to the City Manager privately to ensure the concern is resolved. Councilmembers shall not reprimand employees directly nor should they communicate their concerns to anyone other than the City Manager.
4.3.5 Councilmembers may direct routine inquiries to the City Manager.
4.3.6 Councilmembers serving on Council committees or as the City’s representative to an outside agency may interact directly with City staff assigned to that effort as the City Manager’s designee. The City staff member so designated and assigned will keep the City Manager appropriately informed.
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18 Chapter 4 - Communications
4.3.7 Soliciting political support from staff (e.g., financial contributions, display of posters or lawn signs, name on support list, etc.) is prohibited. City staff may, as private citizens with constitutional rights, support political candidates, but all such activities must be done away from the workplace and may not be conducted while in uniform.
4.4 Council Relationship/Communication with Council Advisory Bodies
4.4.1 Councilmembers shall not attempt to pressure or influence commission, or committee decisions, recommendations, or priorities absent the approval of the majority of the Council. However, a majority vote of the City Council can authorize a work item for an advisory body under certain circumstances.
4.5 Handling of Litigation and Other Confidential Information
4.5.1 All written materials and verbal information provided to Councilmembers on matters that are confidential and/or privileged under State law shall be kept in complete confidence to ensure that the City’s position is not compromised. No disclosure or mention of any information in these materials may be made to anyone other than Councilmembers, the City Attorney, or City Manager.
4.5.1.1 Confidential materials provided in preparation for and during Closed Sessions shall not be retained and electronic copies must be deleted or documents returned to staff at the conclusion of the Closed Session.
4.5.1.2 Confidential materials provided to Councilmembers outside of Closed Sessions must be destroyed, deleted, or returned to staff within thirty (30) days of their receipt.
4.5.1.3 Councilmembers may not request confidential written information from staff that has not been provided to all Councilmembers.
4.6 Representing an Official City Position
4.6.1 City Councilmembers may use their title only when conducting official City business, for information purposes, or as an indication of background and expertise, carefully considering whether they are exceeding or appearing to exceed their authority.
4.6.2 Once the City Council has taken a position on an issue, all official City correspondence regarding that issue will reflect the Council’s adopted position.
4.6.3 In most instances, the Council will authorize the Mayor, at a public City Council meeting, to send letters stating the City’s official position to appropriate legislators.
4.6.4 If any Councilmember would like to prepare a letter, the City Manager must authorize it.
4.6.5 If a member of the City Council appears before another governmental agency organization to give a statement on an issue affecting the City, the Councilmember should indicate the majority position and opinion of the Council.
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19Chapter 4 - Communications
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
4.6.6 Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not reflect the official position of the City Council.
4.7 Quasi-Judicial Role/Ex Parte Contacts
The City Council has a number of roles. It legislates and makes administrative and executive decisions. The Council also acts in a quasi-judicial capacity or “like a judge” when it rules on various permits, licenses, and land use entitlements.
In this last capacity, quasi-judicial, the Council holds a hearing, takes evidence, determines what the evidence shows, and exercises its discretion in applying the facts to the law shown by the evidence. It is to these proceedings that the rule relative to ex parte contacts applies.
4.7.1 Ex Parte Contacts/Fair Hearings. The Council shall refrain from receiving information and evidence on any quasi-judicial matter while such matter is pending before the City Council or any agency, board, or commission thereof, except at the public hearing.
As an elected official, it is often impossible to avoid such contacts and exposure to information. Therefore, if any member is exposed to information or evidence about a pending matter outside of the public hearing, through contacts by constituents, the applicant or through site visits, the member shall disclose all such information and/or evidence acquired from such contacts, which is not otherwise included in the written or oral staff report, during the public hearing, and before the public comments period is opened.
Matters are “pending” when an application has been filed. Information and evidence gained by members via their attendance at noticed public hearings before subordinate boards and commissions are not subject to this rule.
4.8 No Attorney-Client Relationship
Councilmembers who consult the City Attorney, his or her staff, and/or attorney(s) contracted to work on behalf of the City cannot enjoy or establish an attorney-client relationship with said attorney(s) by consulting with or speaking to same. Any attorney-client relationship established belongs to the City, acting through the City Council, and as may be allowed in State law for purposes of defending the City and/or the City Council in the course of litigation and/or administrative procedures, etc.
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20 Chapter 5 - Council Advisory Bodies
CHAPTER 5—COUNCIL ADVISORY BODIES
5.1 Commissions, and Committees Generally
5.1.1 The City of Menifee City Municipal Code establishes the following commissions to advise the City Council, and adopted resolutions establishing the following committees:
• Planning Commission
• P arks, Recreation , and Trails Commission
• Senior Advisory Committee
• Measure DD Oversight Committee
• Menifee Citizens Advisory Committee
5.1.2 The City Municipal Code authorizes the City Council to establish additional advisory boards and commissions to assist the Council in its policy decisions. The City Council has the inherent power to create committees.
5.1.3 City commissions, and committees (collectively “ Council advisory bodies”) do not set or establish City policy or administrative direction to City staff.
5.1.4 Appointments to commissions and committees are made by each City Councilmember , in his or her sole discretion. Appointees to Council advisory bodies serve at the pleasure of the City Council.
5.1.5 Commissions typically have broader policy and advisory responsibilities than committees, which typically have much more focused advisory roles to the Council, such as Senior Advisory and Measure DD Committees.
5.2 Commission and Committee Organization and Conduct
5.2.1 Annually , each commission and committee elects one of their members to serve as the presiding officer or chair.
5.2.2 Commissions, and Committees established by the City Council shall hold regular and special meetings as may be required. The conduct of commission and committee meetings are governed by the same rules of policy and procedure as the City Council.
5.2.3 Commissions, and Committees should comply with all applicable open meeting and conflict-of- interest laws of the State.
5.2.4 Upon appointment or reappointment, Council advisory body members shall sign affirming they have read and understand this City of Menifee City Council Code of Ethics.
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21Chapter 5 - Council Advisory Bodies
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
5.3 Commission, and Committee Appointments
5.3.1 The City requires that members of City commissions be qualified electors of the City (resident of City of Menifee and United States citizen).
Appointments will provide, as nearly as possible, a representative balance of the broad population of the City. All appointees should bring the skill, integrity, knowledge, interest, and commitment to evaluating issues in the broad context of the public interest.
5.3.2 The term of office for each commission and committee member generally expires upon office of the same term as the appointing City Councilmember, or Mayor.
5.3.3 The City Clerk provides application forms and maintains a composite listing of all applications on file which have been received.
5.3.4 The City Clerk solicits applications for vacancies in accordance with the procedures outlined in Government Code section 54974.
5.3.5 Persons being considered for appointment (or reappointment) may be interviewed at least once to qualify for appointment.
5.4 Commissions, and Committees—Vacancy of Office
5.4.1 If a member of a commission or committee is absent from three regular meetings of such commission or committee consecutively or from six regular meetings within a calendar year, or is convicted of a fraud, bribery, embezzlement, corruption, or any like crime involving dishonesty or abuse of trust (collectively, “crimes of moral turpitude”), or ceases to be a qualified elector and resident of the City, that office shall become vacant upon the declaration of Council. The Council may, for good cause, determine that a vacancy has been created.
5.4.2 Resignations may be submitted at any time to the City Council either directly or through the commission or committee chair. Resignations are effective upon submittal.
5.4.3 Upon notice of a vacancy, the Council Appointments shall initiate the appointment procedure detailed in City Council, Commission, and Committee Appointments, leading to a recommendation to the City Council for a successor of such vacancy and the successor will be appointed to serve only to the date of the unexpired term pursuant the City Municipal Code.
5.5 Commissions, and Committees—Removal
5.5.1 A Commissioner, or Committee member is subject to removal by motion of the City Council adopted by at least a simple majority of votes, or by the Councilmember which made the appointment.
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22 Chapter 6 - Meetings
CHAPTER 6—MEETINGS
6.1. Ralph M. Brown Act
All meetings of the City Council, standing Councilmember committees, and Council advisory bodies are governed by the Ralph M. Brown Act (Government Code 54950 et seq.). The City Council views the Brown Act as a minimum set of standards and in several respects, the City’s open meeting requirements meet or exceed the requirements of the Brown Act.
If any member of a City legislative body, or City staff, believe that action has been taken on an item in contravention of the Brown Act, that person is privileged to place the item on a future agenda for reconsideration and/or action.
6.2 Regular Meetings
6.2.1 City Council Policy No. 01 establishes the Rules of Decorum and Procedures for the Conduct of City Council Meetings. The policy outlines the order of agenda items, rules of procedure and decorum.
The policy applies to the Planning Commission and other City committees and commissions subject to the Brown Act and shall apply to the City Council Chambers or any other location where a meeting subject to these rules takes place.
6.3 Special and Emergency Meetings
6.3.1 Pursuant to the Ralph M. Brown Act, the Council may also hold special or emergency meetings as deemed necessary.
6.4 Meeting Agendas
6.4.1 Preparation of Agendas
6.4.1.1 Council agendas and supporting information are prepared by the City Manager and City Clerk.
6.4.1.2 For Council advisory bodies and Councilmember committees, agendas and supporting information are prepared by the supporting City department to the Council advisory body or Councilmember committee as directed by the City Manager.
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23Chapter 6 - Meetings
CITY COUNCIL CODE OF ETHICS
ADOPTED 07/15/2020
6.4.2 Placing Items on Agendas
6.4.2.1 Council Agendas
6.4.2.1.1 The City Manager in conjunction with staff shall have the primary responsibility for placing matters on the City Council agenda in accord with the identified City needs and scheduling.
6.4.2.1.2 All regular City Council Agendas shall include an item entitled "Future Agenda Requests from Councilmembers." Members of the City Council shall generally use this opportunity to request items be placed on the agenda. If a member of the City Council requests items be placed on the agenda and receives the support of at least one other member of the Council, that item will be placed on a future agenda through the agenda setting process.
6.5 Agenda Packets
6.5.1 Agenda packets are to be made available at City Hall, the City Clerk’s Office, the City’s web site (www.cityofmenifee.us), and at the Council meeting.
Regular Council meeting agendas, minutes, and staff reports are generally available beginning the Friday evening before each Council meeting.
NOTE: Also refer to City Council Policy No. 01, Rules of Decorum and Procedures, which sets forth the rules of procedure for the conduct of City business.
6.4.2.1.3 In an event that a member of the City Council wishes to request an item be be placed on the agenda outside the regular City Council agenda process, that request shall be communicated to the City Manager for consideration and scheduling in accord with the agenda setting process described in the Rules of Decorum.
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24 Chapter 7 - Council Financial Matters
CHAPTER 7—COUNCIL FINANCIAL MATTERS
7.1 Compensation
7.1.1 Pursuant to Section 2.04.040 of the City of Menifee City Municipal Code, each Councilmember will receive a monthly salary.
7.1.2 The Mayor receives a monthly salary equal to the salary of a Councilmember plus an additional $100 per month.
7.1.3 The City Council has no power to increase its salary by ordinance, resolution, or motion.
7.2 Benefits
7.2.1 The California Government Code provides that Councilmembers may receive health, retirement, and other benefits.
7.2.2 City-funded medical, dental, optical, and life insurance plan benefits are provided; the same as offered to staff.
7.3 City Council Budget and Expenses
7.3.1 City Council Policy No. 02, Reimbursement of Expenses for City Business for Elected or Appointed Officials and City Employees, provides policy guidance regarding Council expenditures for equipment, supplies and communications; travel; local expenses; and expenses charged against the City Council budget.
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Item Title: 12.3
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26 Chapter 7 - Council Financial Matters
New. Better. Best.
Item Title: 12.3
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CITY OF MENIFEE
SUBJECT: Multi-Jurisdiction City Council Ad Hoc Committee MEETING DATE: August 20, 2025
TO: Mayor and City Council
PREPARED BY: Molly Binnall, Management Analyst II
REVIEWED BY: Orlando Hernandez, Community Development Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Establish and appoint two Councilmembers to the Ethanac Expressway Ad Hoc Committee to work in collaboration with the County of Riverside and the City of Perris to develop a Memorandum of Understanding (MOU) to address issues related to development as well as fire and emergency services along the jurisdictional boundaries shared by the City of Menifee and City of Perris.
DISCUSSION
At the City Council meeting on August 6, 2025, Council continued this item to the August 20, 2025 meeting for discussion.
The proposed Ethanac Expressway Ad Hoc Committee would consist of two elected representatives from each of the three government agencies including the County of Riverside, the City of Menifee, and the City of Perris. The appointed committee members would be charged with negotiating the terms of a MOU to address issues related to development as well as fire and emergency services along the Ethanac Expressway between the jurisdictional boundaries shared by the City of Menifee and City of Perris. After the negotiating parties reach an agreement, the terms of the proposed MOU would be presented for review and approval by each agency’s respective Board/City Council.
Staff is requesting the formation of an ad hoc committee and appointment of two Councilmembers. Committee meetings are anticipated to begin mid-September 2025 and would occur on an as-needed basis.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
Item Title: 12.4
Multi-Jurisdiction City Council Ad Hoc Committee
Item Page Number: 1
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City of Menifee Staff Report
Multi-Jurisdiction Ad Hoc Committee
August 20, 2025
2 8
8 3
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. 2025 Regional Boards and Commissions Roster
Item Title: 12.4
Multi-Jurisdiction City Council Ad Hoc Committee
Item Page Number: 2
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Updated: 8/6/25
4 6
0 6
7 City of Menifee
2025 City Council Standing and Ad Hoc Committees,
Regional Boards and Regional Commissions Roster
Agency/Board Meeting dates and
times
Representative(s)
or Board Member(s) Alternate
Riverside County Transportation
Commission (RCTC) 2nd Wednesday/month
@ 9:30 a.m. Karwin Deines
Western Riverside Council of
Governments (WRCOG) Executive
Committee
1st Monday/month
@ 2:00 p.m. Karwin Estrada
Western Riverside Regional
Conservation Authority (WRCRCA)
1st Monday/month
@ 12:30 p.m. Temple Diederich
Riverside County Habitat Conservation
Agency (RCHCA)
2nd Thursday, various
months
@ 11:30 a.m.
Temple Diederich
Riverside Transit Agency (RTA) 4th Thursday/month
@ 2:00 p.m. Deines Karwin
Southern California Association of
Governments (SCAG)
Annual General
Assembly
(May 1-2, 2025)
Temple Diederich
Menifee Chamber of Commerce 4th Thursday/month
@ 8:30 a.m. Diederich Karwin
Southwest Communities Financing
Authority (Animal Friends of the Valley)
Biannual - 1st Thursday
of May/ October
@ 2:00 p.m.
Deines Karwin
Southwest Elected Collaborative Group 3rd Thursday/month @ 12:00 p.m. Diederich Temple
Southwest Higher Education Coalition 3rd Tuesday/month
@ 1:00 p.m. Diederich Temple
Item Title: 12.4
Multi-Jurisdiction City Council Ad Hoc Committee
Item Page Number: 3
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7 Council Standing Committees Meeting Dates and Times Members Finance Committee Dates set by Committee Members Deines, Estrada City & School Districts
Committee Annual – Prior to start of new school year Karwin, Estrada Council Ad Hoc Committee Purpose Members
Parks Ad Hoc Committee
Review and provide input regarding opportunities for
collaboration between agencies regarding parks and
recreational facilities operated by Valley-Wide Recreation and Park District within Menifee city limits as needed for the year
Estrada, Temple
Innovation District Specific Plan
Ad Hoc Committee
Preparation of a Specific Plan for the Economic
Development Corridor – Southern Gateway (EDC-SG) to
create a new framework for maximizing the area’s
potential as an innovation district as needed for the year.
Diederich, Temple
Central Park Amphitheater Ad
Hoc Committee
Review and provide guidance on the vision and initial
programming for the Central Park Amphitheater as
needed for the year.
Deines, Karwin
Item Title: 12.4
Multi-Jurisdiction City Council Ad Hoc Committee
Item Page Number: 4
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