1 APPROVED AS TO FORM AND LEGALITY
D R A F T
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ________C.M.S.
INTRODUCED BY COUNCIL PRESIDENT NIKKI FORTUNATO BAS
RESOLUTION AMENDING AND RESTATING THE COUNCIL’S RULES OF PROCEDURE IN THEIR ENTIRETY TO, AMONG OTHER THINGS:
1) RESCIND THE COUNCIL’S TEMPORARY RULES OF PROCEDURE
FOR THE CONDUCT OF MEETINGS DURING THE STATE OF
EMERGENCY RELATED TO THE COVID-19 PANDEMIC;
2) CHANGE THE TIME S FOR COMMENCING AND ENDING REGULAR
COUNCIL MEETINGS TO MINIMIZE LATE -NIGHT MEETINGS AND
INCREASE PUBLIC ACCESS AND PARTICIPATION;
3) HELP ENSURE THAT NEW ITEMS HAVE BEEN PROPERLY VETTED
BEFORE THEY ARE SUBMITTED FOR SCHEDULING, TO INCREASE
EFFICIENCY;
4) UTILIZE GENDER-INCLUSIVE LANGUAGE IN ACCORDANCE WITH THE CITY’S VALUES AND POLICY; AND
5) MAKE NON -SUBSTANTIVE, TECHNICAL EDITS TO MAKE THE
COUNCIL’S RULE S OF PROCEDURE EASIER TO NAVIGATE AND
UNDERSTAND.
WHEREAS, due to the spread of COVID-19 (coronavirus), Oakland’s City Administrator, the Alameda County Public Health Department, and Governor of California, declared City, county and state emergencies, respectively, in March 2020; and WHEREAS, on March 23, 2020, the City Administrator pursuant to their authority as Director of Emergency Operations Center, issued emergency orders, including an order that suspended provisions of the Sunshine Ordinance (Oakland Municipal Code Chapter 2.20) and the Council’s Rules of Procedure Resolution No. 87044 C.M.S. for the duration of the local emergency or until such time as the March 23, 2020 emergency orders were rescinded or until the City Council terminated the local emergency, whichever was earlier; “to the extent necessary to allow the City 2 to conduct its business in accordance with the California Brown Act;” and WHEREAS, the Governor’s Executive Order 29 -20 likewise suspended certain requirements of the Brown Act, and the California Legislature eventually passed legislation, known as AB 361, that allowed the Council to meet remotely in order to protect the public’s health; and WHEREAS, early in the pandemic, the Council restored certain requirements of the Sunshine Ordinance and adopted temporary Rules of Procedure in order maximize transparency and notice, and address the unique difficulties posed by meeting remotely; and WHEREAS, the Council wishes to return to in-person meetings as soon as practicable, to maximize the ways in which the public can participate in City governance; WHEREAS, the Governor has publicly advised that the state of emergency will terminate at on February 28, 2023, which means that governing bodies throughout the state, including the Council, will be legally required to return to in person meetings under the Brown Act; and WHEREAS, the Council wishes to make amendments as well as non-substantive technical edits to its Rules of Procedure, and set forth in their entirety the Rules of Procedure as amended by this resolution; and
WHEREAS, the Council of the City of Oakland hereby declares that the business of the City is to be conducted in an orderly and efficient manner to facilitate sound City Council and public deliberation and decision making; and
WHEREAS, the City Council hereby declares that the proper operation of democratic government requires that public officials are bound to observe, in their official acts, the highest standards of performance and to discharge faithfully the duties of their office, regardless of personal considerations. Recognizing that the public's interest must be their primary concern, their conduct in both their official and private affairs should be above reproach; and WHEREAS, the following Rules of Procedure seek to provide for: (1) reasonable time for public input and comment on agenda items at the Committee and City Council meetings; (2) in - depth study of policy proposals, for problem -solving opportunities am ong staff, Councilmembers and the public and development of policy alternatives at the committee level; (3) more focused (and fewer) City Council agenda items by limiting items to those a Standing Committee has discussed and developed recommendations, except where there is an affirmative determination that it is more efficient and effective for the item to be considered by the Council; (4) an agenda that is managed more efficiently and effectively and for more predictable discussion times for debate regard ing agenda items in order to avoid long waits by the public as the Council considers procedural, ceremonial and Consent Items (as defined herein); and (5) clear procedures for the introduction and development of legislation and for the conduct of Council and Committee meetings for the Mayor, City Administrator, City Attorney, and City Auditor, as well as the Councilmembers; and WHEREAS, in furtherance of these goals and in accordance with the Council’s Code of Conduct (Rule 31), Councilmembers are expected to learn and study the background and purposes of important items of business before voting , including reviewing agendas and agenda materials , 3 and reading eComments, sufficiently in advance of meetings to allow for consultation and coordination with other Councilmembers, City staff, City Attorney, and/or members of the public as permitted by law;
WHEREAS, in recognition of these goals, the City Council desires to establish Rules of Procedure for the Conduct of City Council Meetings and a Code of Conduct; and WHEREAS, City Charter section 210 mandates that the Council provide by resolution for the order of business and the rules of procedure for the conduct of Council meetings; and WHEREAS, the Brown Act (Government Code section 54950, et seq.) authorizes the Council to prescribe reasonable rules and regulations for public speakers; now therefore be it RESOLVED: That in accordance with Section 208 of the Charter of the City of Oakland, the time and place of Council meetings is hereby determined to be the following: the Council shall meet in regular session on the first and third Tuesdays of the month, commencing at 4:00 p.m. in the Chambers of City Hall, One City Hall Plaza, 3rd Floor, Oakland, California; and meetings shall conclude no later than 10:00 p.m., unless the Council passes a motion by an affirmative vote of five (5) Councilmembers to extend the time for the meeting.; and be it FURTHER RESOLVED: That in accordance with Section 210 of the Charter, the following are established as the Rules of Procedure for the conduct of Council meetings:
Rule 1. Roberts Rules of Order Applies Except as Modified by these Rules The business of the Council and its Standing Committees shall be conducted, so far as it is practicable, in accordance with parliamentary rules as contained in Roberts Rules of Order Revised, except as modified by these rules and in accordance with state open meeting laws and the City’s Sunshine O rdinance (Oakland Municipal Code Chapter 2.20). The City Attorney, or such other person as may be designated by the presiding officer upon approval of the Council, shall serve as the official parliamentarian for meetings of the Council.
Rule 2. Seating of Councilmembers, Voting Order
When in session, the Councilmembers shall occupy assigned seats in the Council Chambers in alphabetical order according to their surnames, commencing to the left of the President of the Council, and shall vote in said alphabetical order, wi th the President of the Council or other presiding officer voting last, except when utilizing the automated simultaneous voting system.
Rule 3. Definition of Terms
i. Action Item shall mean any resolution, ordinance, public hearing, motion or recommendation requiring official vote and approval of the City Council to be effective.
ii. Informational Item shall mean an agenda item consisting only of an 4 informational report that does not require or permit Council action. iii. Advisory Resolution shall mean a resolution solely intended to proclaim the Council’s support for or opposition to actions being taken or contemplated by another authority or organization, or to recognize the achievements of an individual or organization, or similar resolution that requires little or no further action by the City to effectuate the intent of the resolution. iv. Non-Advisory Resolution shall mean a ny resolution that is not an Advisory Resolution. A Non -Advisory Resolution is a resolution that requires substantial action or implementation by the City to effectuate the intent of the resolution, or requires substantive review by the City Attorney. v. Consent Item shall mean, for the purposes of the City Council agenda, any action or informational item that a Standing Committee has forwarded to the full Council with unanimous recommendation for approval, except: 1) any item having a high level of public interest or controversy as determined by the Rules and Legislation Committee;2) any action item that the Rules and Legislation Committee has placed on the Consent Calendar in accordance with Rule 26; or 3)any item that requires a public hearing or that is otherwise ineligible by law as a Consent Item.
vi. Consent Calendar shall mean the portion of a Council agenda designated for the discussion and consideration of Consent Items.
vii. Non-Consent Item shall mean, for the purposes of the City Council agenda, any action or informational item that:1) a Standing Committee has forwarded to the full Council without unanimous recommendation for approval; 2) has a high level of public interest or controversy as determined by the Rules and Legislation Committee or: 3) requires a public hearing or is otherwise ineligible by law as a Consent Item.
viii. Non-Consent Calendar shall mean the portion of a Council agenda designated for the discussion and consideration of Non-Consent Items. ix. Regular Meeting shall mean a meeting of the Council or of a Standing Committee occurring on a recurring basis and at a regular, established time for which all required public notice requirements for a regular meeting have been met.
x. Special Meeting shall mean a meeting of the Council or of a Standing Committee occurring on a date and time other than the regular, established time for that meeting.
xi. Standing Committees shall mean such standing subject matter committees as the Council may establish.
xii. Council-Approved Meeting Calendar shall mean a schedule of Council and Standing Committee meetings for the calendar year, (1) which shall be approved and may be amended by Council resolution, (2) which reflects Regular Meetings for the year, as well as any cancellations or variations due to foreseeable events such as City holidays, Council recesses, and 5th Tuesdays, 5 and (3) which shall include key deadlines for submitting agenda materials (see Rule 26).
xiii. Scheduling Request Form shall mean the form attached hereto as Attachment A, which shall be used to request scheduling a proposed agenda item by the Rules and Legislation Committee to help ensure the timely and orderly submission and scheduling of such requests.
xiv. Agenda Report Template shall mean the template attached hereto as Attachment B , which shall be used to generate reports to accompany ordinances and Non-Advisory Resolutions in accordance with Rule 26(D).
Rule 4. Standing Committees
Standing Committees of the Council shall consist of the following and are entitled as follows:
➢ Community and Economic Development Committee
➢ Public Works and Transportation Committee
➢ Life Enrichment Committee
➢ Finance and Management Committee
➢ Public Safety Committee
➢ Rules and Legislation Committee
The President of the Council shall appoint all committees subject to confirmation by Council resolution and provided that a majority of the Councilmembers may direct the appointment of a committee by the Pre sident of the Council. Committee chairs also shall be appointed by the President of the Council and confirmed by City Council resolution. The Council may establish such other ad hoc or Standing Committees as it deems appropriate by Council resolution . Currently, such existing committees are the City/Port Liaison Committee and the Education Partnership Committee. The Regular Meetings of the Standing Committees shall be as follows:
➢ The Second and Fourth Tuesdays
o Finance and Management Committee at 9:30 a.m.
o Public Works and Transportation Committee at 11:30 a.m. o Community and Economic Development Committee at 1:30 p.m.; o Life Enrichment Committee at 4:00 p.m.
o Public Safety Committee at 6:00 p.m.
➢ Thursdays (weekly)
o Rules and Legislation Committee at 10:30 a.m.
The Education Partnership Committee and the City-Port Liaison Committee shall 6 meet at the discretion of the respective committee chairs or as de termined by the Council.
Meetings of committees also shall be noticed as Special Meetings of the Council in light of the possibility that a majority of the Councilmembers may attend and participate in the meeting.
The Standing Committees are authorized and directed to ascertain, study and analyze all facts relating to any subjects or matters within their jurisdiction as may be assigned by the Rules and Legislation Committee, and shall report to and submit recommendations to the City Council for action
Rule 5. Action by Standing Committees
The assigned Standing Committee shall have initial jurisdiction over any item assigned to it by the Rules and Legislation Committee and may take any of the following actions with respect to the assigned item:
1. The Committee Chair shall develop with staff the schedule to hear items to be confirmed by a majority of the Committee.
2. The Committee may, by a vote of the majority of the members present, decide to postpone, continue or table an item on the agenda.
3. On any item on an agenda, the Committee Chair may allow for an informational presentation by City staff relating to the item.
4. With respect to an action item, and after discussion and consideration of the item, committee may take one of the following actions:
a. Vote by majority of those present to approve the recommendation of staff or the originator of the proposed action item and forward the recommendation onto the full Council. The Committee may, as a condition of approval, request additional information to be presented for consideration when the full Council hears the item.
b. Fail to approve any recommended action, in which case the item shall not be forwarded to the full City Council; provided that when the item is urgent, the Rules and Legislation Committee shall have jurisdiction to place the item on the supplemental agenda for a Regular Meeting of the City Council, or on the agenda for a special meeting of the City Council in accordance with the requirements of the Sunshine Ordinance if no action was taken on the item : (1) due to the cancellation of a committee meeting;(2) due to lack of a quorum;(3) because the committee ran out of time; or (4) because the committee was not able to approve any recommended action and the Committee passes a motion b y the affirmative votes of the majority of the members who are present requesting that the Rules and Legislation Committee schedule the item for a Council meeting. (See Rule 24(6).) Any such action will be recorded in the minutes and may be subject to cons ideration if pulled by a 7 Councilmember at the appropriate Council meeting pursuant to Rule 8(8). c. Propose by a majority vote of those present one or more alternative recommendation(s) be forwarded to the full City Council for consideration and final action. The Committee may request additional information to be presented for consideration when the full Council hears the item.
d. Reject by a majority vote of those present, jurisdiction over the action item and refer the action item back to the Rules and L egislation Committee with a recommendation for reassignment to another appropriate Standing Committee.
e. Request, by majority vote of those present, additional, specified information from staff or the originator of the proposed action item. The action item may be continued or rescheduled for further consideration at the soonest feasible date available, allowing time for appropriate notice pursuant to the Sunshine Ordinance and Brown Act.
f. With respect to items that a Standing Committee forwards to the Council pursuant to subparts a. or c., above, the committee or the committee chair may designate such items as Consent Items or Non -Consent Items, provided that the item may be designated as a Consent Item only if the Standing Committee’s recommendation was unanim ous, and further provided that the Rules and Legislation Committee has authority to make the final determination of Consent or Non -Consent Items under Rule 24(5).
5. With respect to an informational item, following discussion and consideration, committee shall take one of the following actions:
a. Receive the informational report by majority vote of those present without forwarding the report to the full City Council; b. Receive the informational report and forward the report onto the full City Council by majority vote of those present;
c. Request by motion and second more specific information from staff or the originator of the proposed informational item. The item may be continued or rescheduled for further consideration at the soonest feasible date avai lable, allowing time for appropriate notice pursuant to the Sunshine Ordinance.
6. Each Standing Committee shall review the minutes of its previous meeting, make corrections to mistakes, if any, and approve the minutes by majority vote of the members present.
Rule 6. Election of Council President; President’s Powers / Duties The Council President shall be elected for a two -year term by resolution in accordance with Charter section 208. The President of the Council shall serve as the 8 presiding officer of the City Council and shall perform the following duties:
➢ Chair Regular Meetings and Special Meetings of the City Council; ➢ Manage the Office of the City Council and present the budget of the Office of the City Council for adoption;
➢ Appoint Council committee members and chairpersons of committees in accordance with Rule 4 of these Rules of Procedure;
➢ Except for those appointmen ts reserved for the Mayor pursuant to the City Charter or other enabling legislation, the President of the Council shall recommend appointments to regional and local boards and agencies, as appropriate, subject to confirmation by Council resolution.
The Council, by resolution, shall elect a Councilmember to serve as "President Pro tempore" in accordance with Charter section 208. In the absence or unavailability of the President of the Council, the President Pro tempore shall perform the duties of the President of the Council.
Rule 7. Order of Business at Council Meetings
Subject to the discretion of the Council President or presiding officer, the order of business for Council meetings shall be as follows:
1. Call to Order by Council President
2. Roll Call
3. Action on Special Orders / Presentations of the Day (with accompanying agenda materials as required by Sunshine Ordinance)
a. Ceremonial presentations, including proclamations, individual recognitions, etc.; and
b. Reports / presentations from the Mayor.
4. Approval of Council minutes
5. Modifications to the Agenda and Procedural Items, including but not limited to a. Requests from Councilmembers to pull an item from the Consent Calendar and reschedule as Non-Consent Item on the same City Council meeting agenda.
b. Requests by Councilmembers to speak on an item on the Consent Calendar or to register a “No” vote or Abstention on an item on the Consent Calendar.
c. Requests by Councilmembers to change the order of the items on the Consent Calendar or the Non-Consent Calendar, or to defer items or make other modifications to the agenda.
9 d. Announcements by the Presiding Officer of changes in the order of the agenda, deletion or deferral of items or other modifications to the agenda
e. Motion for Members’ Requests for Reconsideration of Action the Council took at Immediately Preceding Meeting (In order to make motion, Member must have voted on “prevailing side”.)
f. Members’ Requests for Scheduling of Items considered by Committee but not forwarded to Council to be scheduled to the next City Council meeting. Scheduling of such items requires only a motion and a second pursuant to Rule 8.
6. Adoption of items on the Consent Calendar (after hearing public speakers and Councilmembers)
7. Oral Report of Final Decisions in Closed Session by City Attorney and disclosure of non-confidential closed session discussion pursuant to Sunshine Ordinance, Oakland Municipal Code section 2.20.130
For Regular Meetings, action on Non-Consent Items will commence at 5:00 p.m., or as soon thereafter as reasonably practicable
8. Consideration of items with statutory Public Hearing Requirements
9. Action on Other Non-Consent Items
10. Council Acknowledgements / Announcements
11. Open Forum
12. Adjournment – 10 p.m. unless Council passes a motion by an affirmative vote of five (5) Councilmembers to extend the time for the meeting Rule 8. Action and Procedures at Council Meetings
1. The Regular Meetings of the City Council shall take place on the first and third Tuesdays of each month, and shall begin at 4:00p.m. At Regular Meetings, all Non-Consent Items shall be heard and discussed no earlier than 5:00 p.m. The fifth Tuesdays will be utilized for special meetings and workshops.
2. The City Council may consider and act upon those items assigned by Rules and Legislation Committee directly to City Council, or approved and forwarded by a Standing Committee, or as provided in Item 8 of this Rule, pulled at the immediately preceding Council meeting by a Councilmember for discussion, or as provided by Rules 5(4)(b) and 24(6).
3. For each action item and informational item, the agenda shall list the following:
a. A summary description of the item pursuant to the Bro wn Act and the Sunshine Ordinance;
10 b. The recommendation, alternatives and/or direction recommended by the Standing Committee, including the voting record of Committee members on the item; and
c. For each action item referred directly by the Rules and Legislatio n Committee, a brief statement of the Rules and Legislation Committee’s reason for referring item to Council directly without Standing Committee consideration.
4. For each action item and informational item on the agenda, the agenda package shall include the following information:
a. Staff or informational reports submitted to a Standing Committee, including but not limited to:
i. any additional information requested to be included by the Standing Committee;
ii. a listing of all funding sources to fund the action or recommendation being taken, an indication that no funding sources are identified, or an indication that no funding is necessary;
iii. a list of the organization/stakeholders contacted regarding the item, if any; and
iv. information and comment on the Susta inable Economic, Environmental and Social Equity Opportunities afforded by the recommended action.
5. During “Approval of Council Minutes”, the City Council shall approve the minutes of the preceding Council meeting (but not of the Standing Committee meetings), after corrections to any errors that may have occurred during recordation of the proceedings of the meeting. The City Council shall not discuss, consider, or debate the substance of any matter recorded in the minutes, unless such items are specifically included as an Action or Information Item on the posted agenda.
6. During “Modification s to the Agenda” any Councilmember may request a change in the order of the agenda ., Such requests are subject to the discretion of and require the consent of the presiding officer , except that any Councilmember is entitled to pull a Consent Item from the Consent Calendar and place the item at the beginning of the Non -Consent Calendar as a Non- Consent Item if another Councilmember seconds the motion; it is not necessary that the Council vote on or pass the motion, and it is not necessary that the presiding officer consent..
7. During “Members’ Request for Reconsideration ,” a Councilmember who voted on the prevailing side of a motion or other action taken at the immediately preceding Council meeting may move that item for reconsideration. If the motion is seconded and at least five (5) Councilmembers vote in favor of the motion, the item shall be placed on the agenda for the next City Council meeting as a Non-Consent Item. This section is not intended and shall not be 11 construed to preclude a Councilmember, who voted on the prevailing side of a motion or other action taken at a Council meeting, from moving for reconsideration of the item at the same meeting; nor shall this section be interpreted to preclude the Council from reconsidering the item at the same meeting if the motion to reconsider passes.
8. Councilmembers vote in favor of the motion, the item shall be placed on the agenda for the next City Council meeting as a Non-Consent Item. This section is not intended and shall not be construed to preclude a Councilmember, who voted on the prevailing side of a motion or other action taken at a Council meeting, from moving for reconsideration of the item at the same meeting; nor shall this section be interpreted to preclude the Council from reconsidering the item at the same meeting if the motion to reconsider passes.
9. During “Members’ Requests for Scheduling of Items Considered by Committee but not forwarded to Council”, any Councilmember by motion that is seconded by another Councilmember, may place on the agen da of the next City Council meeting (subject to compliance with Sunshine Ordinance and Brown Act) any action item that has been considered in a subject matter Committee, but not forwarded by the Committee to the City Council; it is not necessary that the Council vote on or pass the motion.
10. On any action item, the City Council by the requisite number of votes may:
a. Approve a Standing Committee’s recommendation, select one of the committee’s suggested alternatives or approve an alternative recommendation propo sed at the full Council in compliance with the Brown Act and Sunshine Ordinance;
b. By a majority of the Councilmembers present, continue the item to the next regular Council meeting if permitted by Sunshine Ordinance and Brown Act;
c. By a majority of the Counc ilmembers present, refer the item to any Standing Committee for reconsideration; or
d. With respect to an item that the Rules and Legislation Committee referred directly to Council, the Council may take any action subject to the Brown Act and the Sunshine Ordinance.
11. On any agendized informational report, the City council may receive the report either by oral presentation by staff or as written.
Rule 9. Protocol at Council Meetings
Every member of the Council, before speaking, shall address the presiding officer, and no member shall speak except while seated at or standing in the immediate vicinity of their assigned seat. When items on the agenda relate to a specific Council District, the presiding officer shall recognize the Council representative of the District first, and the Councilmember-at-Large secondly, prior to recognizing other Councilmembers.
12 Rule 10. Announcements by Councilmembers
Each member of the Council shall have the right to make brief announcements via the City operated station, KTOP, or at the appropriate time on the agenda, without a previous motion, upon matters which are Council sponsored or relate to the welfare and condition of the City. The Councilmember shall, at the commencement of the announcements, state t he subject matter on which the Councilmember desires to speak. Individual announcements shall not exceed two minutes unless additional time is authorized.
Rule 11. Speaking Time Limits for Councilmembers
No member of the Council shall speak for more than ten (10) minutes on any matter without the consent of the presiding officer or a majority of the Council.
Rule 12. Speakers’ Cards and eComments
The City Clerk shall facilitate the process for public speakers as well as the public’s submission of written comments and shall provide the public with information on how to appropriately address the Council.
The City Clerk, shall facilitate the receipt of written comments (“eComments”), and the process for submission and the procedure to view eComments shall be clearly stated on each agenda . Members of the public shall be able to submit eComments up to twenty four (24) hours before the posted meeting tim e, and Councilmembers are expected to read the eComments in advance of the meeting.
Members of the public wishing to speak must submit a separate speaker’s card for each item on the agenda they wish to discuss to the City Clerk before being recognized by the presiding officer. Directions for filling out speaker cards on -line will be included on all Standing Committee and Council agendas. Members of the public wishing to speak via teleconference must provide their Zoom profile name (which at the speaker’s discretion may be thei r legal name or other information to identify them) or phone number on their speaker card to allow the Clerk’s office to recognize them.
Speakers' cards must be received by the City Clerk : (1) prior to Council action on Modifications to the Agenda for items agendized before the Non-Consent Calendar, and (2) prior to the introduction of the first Consent Item, unless consent to speak is given by the presiding officer or a majority of the Council.Multiple speakers representing an organization or position on an item are encouraged to organize their presentations before the Council. The presiding officer shall have discretion to provide designated spokesperson(s) representing the position of multiple speakers on an item an appropriate allocation of time to add ress the Council on behalf of all of the speakers.
13 Rule 13. Open Forum
During City Council or Standing Committee meetings, p ublic speakers submitting their names to speak under open forum shall be allotted a minimum of one (1) minute each to speak and a maximum of three (3) minutes, in the discretion of the presiding officer. A speaker may speak only once under open forum during any one meeting, subject to the discretion of the presiding officer. Speakers during open forum may address the City Council or Standing Committee regarding any items of public interest that are not on the meeting agenda. Open Forum speaker cards are to be numbered by the City Clerk in the order received. Ceding time to other speakers is not permitted for Consent Calendar or open forum speakers.
Rule 14. Time Limits for Public Speakers on Committee and Council Agenda Items
1. Any member of the public who has submitted a speaker card pursuant to Rule 12 on an agenda item, other than open forum , shall be allotted a minimum of two (2) minutes per item to speak prior to any vote or action by the Council or Committee, subject to the regulations provided under this Rule 14. The presiding officer may reduce each speaker’s allotted time to one (1) minu te if they publicly state all reasons justifying any reduction in speaker time, which reasons shall be based at a minimum on consideration of the time allocated or anticipated for the meeting, the number and complexity of agenda items and the number of per sons wishing to address the local body, and whether there will be sufficient time available during the meeting to consider all agenda items if all speakers are allowed two minutes to speak.
2. Subject to the provisions of this Rule that apply to public speakers who submit multiple speaker’s cards, all speakers on any one item shall be allo cated the same amount of speaking time on that item, unless the President, presiding officer or Committee Chair approves ceded time pursuant to Rule 14(6) or an organized presentation pursuant to Rule 12, or unless more time must be given to comply with due process or other legal requirements or in circumstances where the Council is acting in a quasi- adjudicatory capacity.
3. Speakers Submitting Speaker’s Cards on M ultiple Items at Standing Committees. Subject to Rule 14(7) and the discretion of the presiding officer, which discretion must be exercised in accordance with Rule 14(1) and (2), a speaker who submits his or her name to speak on four or more items (other than open forum) may be instructed to address all items concurrently and shall be allocated 2 minutes per item up to a maximum of 10 minutes; if the presiding officer exercises their discretion under Rule 14(1) and (2) to reduce each speaker’s time to one (1) minute, speakers who submit four or more speaker’s cards shall be allotted one (1) minute per item up to a maximum of 5 minutes.
4. Speakers Submitting Speaker’s Cards for Multiple Items on the Non- Consent Calendar at Council Meetings. Subject to the discr etion of the president or presiding officer, which discretion must be exercised in accordance with Rule 14(1) and (2), if 20 or more speaker’s cards are submitted for the Non-Consent Calendar , a speaker submitting his or her name to speak 14 on four or more items on that portion of the agenda may be instructed to address all items concurrently and shall be allotted two (2) minutes per item up to a total of ten (10) minutes.
5. Speakers Submitting Speaker’s Cards for Multiple Items on Agenda Items that Appear before the Non -Consent Calendar at Council Meetings.
Subject to the discretion of the presiding officer, which discretion must be exercised in accordance with Rule 14(1) and (2), public speakers who sign up for multiple items will be instructed to speak on all items at once and be given two (2) minutes to speak on each item up to a maximum of six (6) minutes.
6. Ceding Time. A speaker may extend their speaking time if other speakers who have submitted their names to speak agree to cede their time to the recipient speaker. The recipient speaker will receive one (1) minute speaking time from each ceding speaker, up to a maximum of five (5) minutes. At the presiding officer’s discretion, a speaker may be allotted more than five (5) minutes based on ceded time. The recipient speaker must submit the ceding speakers’ speaking cards, and the ceding speakers must be present at the time the recipient speaker speaks. Ceding time to other speakers is not permitte d for Consent Calendar or open forum speakers.
7. Public Speakers on Scheduling Item at Rules and Legislation Committee.
Subject to the discretion of the presiding officer, which discretion must be exercised in accordance with Rule 14(1) and (2), public speak ers who sign up to speak on the Scheduling Item at the Rules and Legislation Committee will have one minute per scheduling request up to a maximum of 5 minutes, provided that a public speaker’s total time for all items on the Rules and Legislation Committee agenda (excluding open forum) shall not exceed 10 minutes. (See Rule 14(3).)
Rule 15. Presiding Officer’s Role Regarding Public Speakers The presiding officer shall maintain order in the chamber, have authority to refuse the floor to any person. The presiding officer may rule a public speaker out of order if:
(a) the speaker is speaking beyond the allocated time limit; (b) the speaker’s remarks are not related to the agenda item; or (c) the manner, tone and content of the speaker’s remarks are disruptive (disturb the peace and good order of the meeting), are abusive (e.g. vulgar or obscene language), or constitute hate speech.
The public has the right to criticize policies, procedures, programs or services of the City or of the actions or omissions of the legislative body or staff.
Rule 16. Temporary Suspension of a Council Rule
The Council may suspend one or more of these Rules of Procedure , including Rule 15 14, on a temporary, ad hoc basis for a single meeting only if the Council passes a motion by an affirmative vote of six (6) Councilmembers , including a finding or findings of necessity , provided the temporary suspension other wise complies with applicable law, including but not limit ed to the City Charter, Brown Act , and Sunshine Ordinance.
Rule 17. Attendance of Staff at Council Meetings
The City Administrator shall designate appropriate staff to attend the Council meetings to answer questions and provide assistance to the public on issues. Prior to the commencement of the Council meeting, the City Clerk shall advise the public that a representative of the City is available to meet with members of the public to assist them with their concern(s).
Rule 18. Ballot Measures
A vote of a majority of the Council members is required to endorse or oppose any proposition submitted to the electorate on any national, state, county, or local ballot.
Rule 19. Appointments to Boards, Commissions and Other Bodies For any appointment to a board or commission that require s Council confirmation, the City official making the appointment or recommendation shall submit to the City Clerk, in accordance with the Sunshine Ordinance, the following for inclusion in the agenda-related materials: the person’s name, resume, and any application and other materials the person submitted. A Council resolution is required to confirm such appointments.
Appointments by the Mayor to the Planning Commission, the Port Commission, the Housing, Residential Rent & Relocation Board, and the Police Commissio n shall first be scheduled to and considered by the Rules and Legislation Committee before being scheduled to the full Council.
Rule 20. Council’s Annual Recess
The City Council shall recess for the period of August 1 through 31 of each year, or until the first meeting in September as set by the Rules and Legislation Committee, which shall be known as the " Annual Recess." During the Annual Recess, the City Council may be convened for special Council meetings as provided for by the City Charter.
Rule 21. Actions During Annual Recess
The Mayor is authorized to take such actions as would normally be taken by the City Council during the period of the Annual Recess except for those matters specifically set forth herein. The Mayor is further authorized to convene emergency meeting(s) of the Council to take such emergency actions as may be necessary, for the 16 immediate preservation of the public peace, health or safety. All matters approved by the Mayor during the Annual Recess must clearly set forth the reason(s) why approval cannot be deferred for Council approval following the Annual Recess. The Mayor's contract approvals must conform with and be limited to the requirements of the City's purchasing ordinance as set forth in Chapter 2.04 of the Oakland Municipal Code. The Mayor is not authorized to take any actions for which the adoption of an ordinance is required. Further, the Mayor's approvals shall be limited to authorizations within previous adopted budgeted amounts. The Mayor is not authorized to appropriate funds without prior Council authorization and approval.
The Mayor is further directed to make a full and complete report to the City Council, at its first Regular Meeting in October, of actions taken by the Mayor pursuant to this Resolution, at which time the City Council may make such findings and confirm said actions of the Mayor, as may be required.
Action(s) taken by the Mayor during the Annual Recess shall be implemented in a manner to provide public notice and an opportunity for public comment and input on matters to be approved. In keeping with the intent of the Sunshine Ordinance (OMC §§ 2.20.010 et seq.) the Mayor will cause a two-week agenda to be posted at regular posting locations. The Mayor, through the City Clerk, shall facilitate the receipt of written comments by the public on any matter presented to the Mayor for consideration. The Mayor shall review and consider all written comments in making their decision on the matter. A record of the final action of the Mayor shall be filed with the City Clerk along with any supporting le gislation, reports and comments received on that matter. A summary of final action taken shall be posted at the regular agenda posting locations.
Rule 22. Proclamations
Individual Councilmembers may issue proclamation(s) for the purpose of commendation, recognition or congratulation of any person, group, organization or event, or for the purpose of expressing sympathy, regret or sorrow on the death of any person. Such a proclamation shall be known as a "Member Proclamation" and shall be in a form, whic h clearly identifies the Councilmember who has sponsored the proclamation. City Council approval is not required for the issuance of a Member proclamation.
Rule 23. Rules and Legislation Committee’s Jurisdiction The Committee on Rules and Legislation shall serve as the procedural committee of the Council and shall have responsibilities including, but not limited to, the following:
➢ Make recommendations to the Council regarding endorsing or opposing propositions submitted to the electorate on any national, state, county, or local ballot, and for propositions placed upon the ballot on the Council's own motion.
17 ➢ Monitor pertinent state, federal and local legislative activities, and recommend action related thereto to the full Council. The Committee shall also submit to the Council, an annual legislative agenda. ➢ Provide general oversight for the offices of the City Administrator, City Attorney, City Clerk and shall have policy jurisdiction on Public Information, Constituent Services, Communi ty Governance, Strategic Planning, Public Ethics Commission and the state and federal legislative agenda, intergovernmental relations and operational oversight of the Office of the City Council. It shall, in addition, monitor and assign issues pertaining t o the Port Department, the Oakland -Alameda County Coliseum Authority, and other governmental agencies, as appropriate, and make referrals to appropriate Standing Committees as required. ➢ Recommend the setting of special meetings of the Council, Standing Committees, and such other ad hoc committees as may be established by the Council.
➢ Assign proposed Council resolutions and ordinances to the Council or Standing Committee agendas.
➢ Define the jurisdiction and responsibilities of Standing Committees, subject to Council approval.
➢ Conduct studies and make recommendations designed to promote, improve and expedite the business and procedures of the Council and of the committees thereof, and to propose to the City Council any amendments to the Rules deemed necessary to accomplish such purposes.
Rule 24. Rules and Legislation Committee’s Powers re Agenda Items Except as provided in Rule 8(8) or by the Council , the Rules and Legislation Committee shall have jurisdiction to assign all proposed agenda items to a Standing Committee and/or full Council for consideration , by a vote of the majority of the members present, and action as follows:
1. Assign and schedule agenda items proposed by one or more Councilmembers, a Standing Committee of the City Council, the Mayor, the City Administrator, City Attorney, City Auditor and any member of the public.
2. Assign and schedule any and all Action Items and Informational Items:
a. to a Standing Committee, or
b. to the requestor with a request to work with the City Administrator and/or City Attorney to refine the item, or
c. directly to City Council only if the Rules and Legislation Committee determines that the item should proceed directly to the City Council for a specified reason.
3. Establish specific agenda items to be placed on the agenda , subject to the 18 Council’s authority to schedule agenda items by motion. Rules and Legislation Committee shall establish the Consent Calendar and Non-Consent Calendar.
4. Notwithstanding any other provision of these Rules of Procedure, the Rules and Legislation Committee shall have the power to place an item that is urgent on the supplemental agenda for a regular Council meeting or on a special Council meeting agenda, in accordance with the requirements of the Sunshine Ordinance, if no action was taken on the item (1) due to the cancellation of a committee meeting, (2) due to lack of a quorum, (3) because the committee ran out of time, or (4) because the committee was not able to appro ve any recommended action and the Committee passes a motion by the affirmative votes of the majority of the members who are present requesting that the Rules and Legislation Committee schedule the item for a Council meeting.
5. The Rules and Legislation Committee shall not schedule any item to a Regular Meeting with less than the notice required by the Sunshine Ordinance, unless the Committee complies with Oakland Municipal Code section 2.20.080.D.2.
The Committee shall state the required finding on the record Rule 25. Accountability and Transparency in High -Stakes Negotiations Policy: Voting by Delegates and Alternates to Boards, Commissions and Other Bodies City Councilmembers, the Mayor or City officials who represent the City as a delegate or alternate before any board, agency, authority, joint powers authority, commission, etc. shall receive City Council authorization from a majority of the Council prior to casting vote(s) on behalf of the City on any matter which could have a significant economic or policy impact on the City, or on any matter of particular controversy. Should time be of the essence, resulting in the representative's inability to obtain prior City Council authorization, the representative shall obtain approval from the appropriate Standing Committee. Thereafter, the representative shall report back to the full Council, at the next Regular Meeting of the Council, the action taken.
City Council delegates and alternates shall: (i) within 30 days of appointment to represent the City on such bodies, participate in training provided by the City Administrator or designee on the duties and obligations of representation; (ii) provide the City Council and/or the appropriate Council committee with an annual report or briefing on general business regarding the issues, activities and agenda of the body on which the representative serves; (iii) work with the City Administrator or his or her designee to notify the City Council via an Informational Memorandum, Information Report to the appropriate Standing Committee (s) or closed session briefing when appropriate under the California Brown Act (Gov. Code Sec. 54950, et seq.) and Oakland Sunshine Ordinance (O.M.C. Chap. 2.20) as soon as high-stakes negotiations or transactions commence; (iv) provide the City Council real -time reports on high-stakes negotiations or transactions.
In the event that a representative determines that casting a vote as directed by the Council would not be in the best interest of the City because of changed circumstances or new information that was not available at the time authorization 19 was granted, the representative may change his/her vote(s). The representative shall, however, attempt to carry forth the general intent of the Council when casting a changed vote. Thereafter, the representative shall report back to the full Council, the action taken and the basis upon which the vote was changed. “High-Stakes” negotiations/transactions sha ll be defined as any negotiations or transactions by a board, commission, agency, joint powers authority, etc. with Council appointed Councilmember, Mayor or City official delegates or alternates involving: licenses, leases, contracts or other transactions that could or will have an economic impact of
$1,000,000.00 or higher on the City of Oakland or a significant policy impact or a matter of particular controversy.
Rule 25 shall not apply to matte rs under consideration by a multijurisdictional board/commission/agency/joint powers authority, etc. that would purely benefit/bring revenue to the City. Such revenue matters are exempt from Rule 25.
Rule 26. Procedure for Councilmember to Place Items on an Agenda A. Councilmember Due Diligence and Preparation Prior to Submitting and/or Amending Items. The timely, orderly, and thoughtful submission of new items to the City Council is critical to conducting City business and Council meetings in an efficient and effective manner, including allowing City staff and the City Attorney a reasonable time to provide meaningful input , and allowing the public and Councilmembers to follow and participate in the City’s policy -making process.
Accordingly, Councilmembers should thoroughly inv estigate policy issues prior to submitting proposals to a committee or the Council for action. In addition, Councilmembers, City staff, City Attorney, and Mayor shall make all reasonable efforts to submit new proposals to an appropriate Standing Committee, rather than submitting the proposal directly to the City Council, and are expected to plan accordingly. The Rules and Legislation Committee shall ensure compli ance with this Rule, and shall schedule a new item directly to a Council meeting only by a majority vote of those present, and only after the proponent has articulated a reasonable basis for such scheduling.
On matters pending before a committee or Council, Councilmembers should, when feasible and in compliance with the City Charter and open meeting requirements, study and obtain relevant information prior to the meeting where action is to be taken.
Councilmembers who intend to make a motion to substantively modify legislation during a meeting should discuss their prop osed modification with City staff and/or the City A ttorney prior to the meeting, to allow for adequate input and advice.
Standing Committees m ay direct that items appropriately pending before the committee be scheduled for future committee agendas. New items and issues brought before a Standing Committee shall be referred to the Rules and Legislation Committee for scheduling. The Rules and Legis lation Committee shall provide general oversight of the implementation of this Rule to ensure compliance. 20 B. Planning and Coordination for Informational Reports. Depending on the complexity, informational reports can be costly to the City because their preparation can expend significant staff time and other resources. Accordingly, request s for informational reports should be minimized and shall be consistent with the Council- Approved Meeting Calendar, which details due dates for reports to the City Administrator’s Office, reports to the Clerk and agenda distribution.
C. Legal and Fiscal Review of Ordinances and Resolutions. Councilmembers, as well as City Administrator, City Attorney, and Mayor, are expected to comply with, and the Rules Committee shall reasonably enforce, the following guidelines:
➢ Advisory Resolutions. Draft titles for Advisory Resolutions should be submitted to the City Attorney at least two (2) full working days prior to the deadline for submitting the Scheduling Request Form. A substantive draft of the Advisory Resolution should be submitted to the City Attorney at least two (2) full working days prior to the deadline for submitting the legislation to the Clerk for inclusion in the agenda packet.
➢ Ordinances and Non -Advisory Resolutions. Substantive drafts of ordinances and non-urgent / Non -Advisory Resolutions that would create a new agenda item should be submitted to the City Attorney and City Administrator at least three (3) weeks prior to the deadline for submitting the Scheduling Request Form in order to facilitate legal and fiscal review prior to scheduling.
Sponsors of ordinances and res olutions shall indicate on their Scheduling Request Form whether they have complied with the above guidelines.
If a sponsor is unable to comply with the above guidelines because an ordinance or Non-Advisory Resolutions requires immediate and urgent consideration, notice of the legislation must be given to the City Attorney and City Administrator as early as possible, and the Rules and Legislation Committee may schedule the item only if the committee determines by a majority vote of those present that the item should be scheduled for a specified reason, which reasons shall be stated on the record at the meeting. Sponsors are expected to conduct reasonable due diligence and planning in endeavoring to comply with the above guidelines and avoid creating urgent situations.
D. The sponsor s of ordinances or Non-Advisory Resolutions shall submit a memorandum or report, substantially in the format of and including the information set forth in the Agenda Report Template, and shall do so no later than the deadline for submitting the legislation to the Clerk for inclusion in the agenda packet.
Rule 27. Quorum for Standing Committees
A quorum for the conduct of meetings of Standing Committees that have a membership of four, shall be three (3) members. A quorum for the conduct of meetings of the Education Partnership and City/Port Liaison Committees shall be a 21 majority of the seats designated for each constituent body. If the Council seat of a member of a standing committee becomes vacant, the quorum for that committee shall not be reduced. A quorum for all other established committees shall be a majority of the duly appointed members. In the event that a quorum is not established within fifteen (15) minutes of the noticed start time of the meeting, the meeting may be declared canceled. However, discussion of the items noticed on the agenda may continue but no formal action can be taken. The City Clerk w ill prepare a record of the discussion, but the record will reflect that the meeting was canceled due to a lack of a quorum and that no final action was taken on the items discussed. In determining whether a meeting should be canceled, the Committee Chairp erson should consider factors such as whether the delay is caused by conflicting meeting schedules; if prior notice from the member was given that the member would be late; or if there is a need to take official action on important item(s) of business once a quorum has been established.
The City Clerk shall keep a record of Committee members’ attendance. The attendance record shall reflect absences and tardiness (arrival after the fifteen (15) minute scheduled start time) and shall indicate whether the abse nce or tardy was excused or unexcused. If during the calendar year a Committee member accumulates three (3) unexcused absences a nd/or late arrivals the City Clerk shall so advise the President of the Council and the President of the Council may, in their discretion, remove the member from the Committee. If removed, the member can be considered for reappointment by the President of the Council, as appropriate.
Rule 28. Procedure to Add, Remove Agenda Items
A. Anyone wishing to add an item to, or remove an item from, a Council agenda or a Standing Committee agenda after the Rules and Legislation Committee has met, but before the agenda is printed, must get authorization from the Chair of the Rules and Legislation Committee, the President of the Council, and either the Mayor or the City Administrator. For Standing Committee agendas, authorization also must be received from the committee chair person. If any one of these persons objects, or if addition or removal of such item is not in compliance with the Sunshine Ordinance or the Brown Act, the subject agenda as approved by the Rules and Legislation Committee will not be changed. Requests to add or remove an agenda item must be submitted to the City Administrator’s Office no later than 12 p.m. the day before the agenda publication deadline. The City Administrator’s Office shall transmit all Rule 28 requests received by the deadline to the Council President, the City Administrator, Mayor, Chair of the Rules and Legislation Committee, and (when app licable) the appropriate committee chair person(s), preferably as a single list, and cc’d to the City Attorney and the City Clerk agenda team. Rule 28(A) requests may be approved until 2 p.m. the day before the agenda publication deadline.
If approval is obtained, the City Administrator is responsible for : 1) notifying the City Council within two (2) business days of the decision via e-mail; and 2) notifying the City Clerk prior to any affected meeting, to amend the agenda to reflect the approved change.
22 Once the agenda is printed, an item may be removed at the next Rules and Legislation Committee meeting only if there is an intervening Rules and Legislation Committee meeting prior to the City Council meeting for which the item is agendized , or upon a duly adopted motion of the City Council at the meeting for which the item is agendized, if there is no intervening Rules and Legislation Committee meeting.
B. Certain Items Approved in Closed Session. Notwithstanding any other provision of these Rules of Procedure, an item or items that are finally approved in closed session before the deadline for noticing and posting the item to the next regular or special Council meeting, including but not limited to settlement agreements, shall be added to the agenda upon the City Attorney’s communication to the Council and Clerk in closed session that (1) the item will be reported out as a final decision in writing, (2) the required legislation and agenda -related materials will be submitted to the Clerk during closed session or within two hours after conclusion of closed session, and (3) the City Attorney and the Council President have determined that it is otherwise appropriate to place the item on the agenda.
Rule 29. Tie-Breaking Votes by Mayor
In the event that the Councilmembers are evenly divided in their vote on an item (by motion, resolution or ordinance) the item will automatically be continued to its next Regular Meeting solely for the purpose of allowing the Mayor to cast a vote; provided that if the Mayor so chooses, the Mayor may cast a vote at the meeting at which the tie vote occurs. In accordance with Charter Section 305(i), s olely for the purposes of determining whether the Mayor is eligible to cast a tie-breaking vote, abstentions and absences shall count as a “No” vote, but a legally-required recusal shall not count as a “No” vote. The City Clerk shall provide the Mayor with all supporting documentation, reports and legislation relating to the item and a copy of the videotape of the discussion, if available. Council and public discussion is permitted on the item to be voted on by the Mayor; however, Councilmembers cannot change their vote unless the item has been properly noticed for reconsideration. The Mayor must appear at the Council meeting in order to cast a tie breaking vote.
Rule 30. Resolution or Ordinance Required to Approve Contracts Notwithstanding City Charter section 210 which permits the City Council to take action by ordinance or resolution or motion, the Council shall approve and authorize contracts by resolution unless an ordinance is required.
Rule 31. Council Code of Conduct
Each member of the City Council has a duty to:
1. Respect and adhere to the American ideals of government, the rule of law, the principles of public administration and high ethical conduct in the performance of public duties.
23 2. Represent and work for the common good of the City and not for any private interest.
3. Refrain from accepting gifts or favors or promises for future benefits which might compromise or tend to impair independence of judgment or action.
4. Provide fair and equal treatment for all persons and mat ters coming before the Council.
5. Learn and study the background and purposes of important items of business before voting, including reviewing agendas and agenda materials, and reading eComments, sufficiently in advance of meetings to allow for consultation and coordination with other Councilmembers, staff, legal counsel, and/or members of the public as permitted by law.
6. Faithfully perform all duties of office.
7. Refrain from disclosing any information received confidentially concerning the business of the City or received during any closed session of the Council held pursuant to state law.
8. Decline any employment incompatible with public duty.
9. Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other Council members, staff or public, or other personal comments not germane to the issues before the Council.
10. Listen courteously and attentively to all public discussions at Council meetings and avoid interrupting other speakers, including other Councilmembers, except as may be permitted by established Rules of Order.
11. Faithfully attend all sessions of the Council unless unable to do so because of disability or some other compelling reason ; and infor m, as soon as possible, the Council President or Committee Chair when unable to attend a scheduled meeting, or needing to arrive late or leave early.
12. Maintain the highest standard of public conduct by refusing to condone breaches of public trust or improp er attempts to influence legislation, and by being willing to censure any member who negligently, willfully or intentionally violates the rules of conduct contained in this Rule 31
13. Abide by federal and state law, the City Charter, City legislation and City Council policies.
Rule 32. Censure of Councilmembers
A. Background and Purpose. The City of Oakland and the City Council have a strong commitment to the Oakland Charter, local, state and federal law s, and Council policies and procedures. The City Council has the power to censure one of its members for violations of these laws, policie s and procedures. Rule 31(12) states that the City Council may censure any member "who willfully violates the rules of conduct contained in this Code of Ethics." (see also, Sunshine Ordinance, Oakland 24 Municipal Code section 2.20.170 (censure for release of confidential information).) Moreover, censure is an inherent power of a legislative body that follows Robert's Rules of Order. (Roberts, p. 627-28, Section 61.) In order to be able to censure a Councilmember, the City Council must adopt a fair policy and procedure for the process.
This procedure is intended to provide the process by which the City Council acting as a whole can censure any of its members who violate state or federal laws, City ordinances or policies.
B. Censure Policy. It is the Policy of the City Council that all its members shall abide by federal and state law, the City Charter, City legislation and City Council policies.
Violation of such law or policy can subject the City to liability, affect the City's budget, resources, plans and time lines, injure the good name of the City and undermine the effectiveness of the City Council as a whole. Such conduct is deemed to be subject to City Council Censure.
Censure is a formal resolution of the City Council officially reprimanding one of its members. Censure serves to formally put a censured councilmember on notice of the Council's disapprobation of conduct that has violated laws or policies, but carries no fine or suspension of the rights of the member as an elected official. Censure is an appropriate punitive measure when the violation of law or policy is deemed by the City Council to be a serious offense.
In order to protect the overriding principle of freedom of speech, the City Council shall not impose "censure" on any of its members for the e xercise of the member’s First Amendment rights no matter how distasteful the expression was to the Council, officials, employees or public. However, nothing herein shall be construed to prohibit the City Council from collectively expressing their strong di sapproval of such remarks.
The City Council shall not impose "censure" on any of its members for the violation of any law while criminal charges are pending. However, when the criminal proceedings are final, the City Council need not be bound by the conclu sion of the Court and may hold a "censure" hearing.
C. Procedure
1. A request to schedule a “censure” hearing may be submitted to the Rules and Legislation Committee in writing or made by a scheduling motion during a Council meeting by a member of the Council.
a. The scheduling request must contain a brief description of the specific charges on which the proposed censure is based in the title of the item. b. A censure resolution setting forth specific charges and grounds for censure must be submitted to the City Clerk with the scheduling request at least forty-eight (48) hours prior to the Rules and Legislation Committee 25 meeting at which it will be considered for scheduling. c. The City Clerk shall serve copies of the scheduling request and the censure resolution on the a ccused councilmember at least twenty -four (24) hours prior to the Rules and Legislation Committee meeting at which it will be considered for scheduling. The City Clerk shall deliver the scheduling request and censure resolution to the council office of the accused member, subject to execution of a proof of service. Service shall be accomplished by electronic mail or in person, as determined by the City Clerk.
2. The Rules and Legislation Committee shall:
a. Schedule the matter for public hearing; or
b. Refer the matter to the City Administrator for further investigation by an independent investigator, in consultation with the City Attorney, prior to scheduling the matter; or
c. Not schedule the matter for public hearing.
3. Censure matters set for public hearing must be sc heduled at least ten ( 10) calendar days in advance of the hearing date t o give the accused member adequate time to prepare a defense.
4. The councilmember seeking censure of another councilmember is responsible for preparing and submitting to the City Clerk a censure resolution and report supporting censure in time for publication with the 10-day agenda packet for the meeting at which the m atter will be heard. The City Clerk shall, at least 10 calendar days before the hearing, deliver copies of the resolution, report and other agenda materials to the council office of the accused member, subject to execution of a proof of service.
5. The accuse d member is responsible for preparing and submitting to the City Clerk for the agenda packet, reports, documents or other information opposing censure in time for the three (3) day supplemental agenda.
6. At the hearing, the member of the Council subject to the censure proceeding shall have the opportunity to rebut the allegations in the censure resolution and to question any known accusers if they agree to be questioned. Notwithstanding the foregoing, iden tities of persons who provided statements or information in confidence shall remain confidential. This includes, but is not limited to, persons who provided statements or information through a whistleblower program of the federal or state government or Cit y of Oakland. The member subject to the charges may be represented and may have the representative speak or question on their behalf.
7. A decision to censure must be made by resolution and based on conduct found to have been negligent, willful or intentional. A decision to censure requires five (5) votes of the Council adopting a resolution: 1) finding there is substantial evidence in the record to support the specific charges alleged, 2) finding that the conduct supporting the censure was negligent, willful or intentional, and 3) approving censure.
26 IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BAS, FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the City of
Oakland, California
3224335v6