CITY COUNCIL RULES
AND CODE OF ETHICS
Revised September 2014
1 WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of standards by the City Council will promote communication, understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City; and WHEREAS, the establishment and periodic review of these City Council rules will assist all City Councilmembers to better understand their role and responsibilities and will help to make City Council meetings as productive as possible.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica that the following City Council Rules and Code of Ethics are adopted and that all City Councilmembers will comply therewith.
CITY COUNCIL RULES OF OPERATION
Section 1. GENERAL RULES:
The rules will be equally applicable to regular and special meetings of the City Council. Any act that the Mayor is authorized to perform may be performed by the Mayor pro Tem in the Mayor’s absence.
Section 2. OPERATION OF CITY COUNCIL MEETINGS
1. Regular City Council meetings will be held on the second and fourth Mondays of each month. The meetings will begin at 7:00 p.m. Meetings will conclude by 11:00 P.M unless a majority of Councilmembers present vote to extend the time of the meeting. The Council, beginning at 9:00 p.m. and thereafter if the majority requests it, will determine which issues will be completed at that meeting and which items will be continued to the next regular or special Council meeting. The meeting may proceed past 11:00 p.m. only if a majority of the Councilmembers in attendance vote to extend the meeting to a time certain because it is necessary or in the public interest to do so. All City Councilmembers will use their best efforts to see that the agenda proceeds as promptly and efficiently as possible so that all scheduled items can be heard in the time allotted. The Mayor may call a recess every two hours. Additionally recesses may be called as needed.
2. In order to insure that all members of the public have an opportunity to speak and that the Council is able to complete the public’s business, there will be a threeminute limitation on comments by the public unless otherwise approved by a majority of the Council. In order to effectively enforce this rule, the Mayor will monitor the time for each speaker and inform the Council when the three-minute limitation has been reached. 2 The Mayor will strictly enforce the three-minute time limit. Persons representing organizations or groups of persons may be granted additional time upon consent of a majority of the Council. Individual speakers may not use the three minute allocation of other persons. Individual speakers may not speak twice on the same item.
3. Oral Communications.
A. There will be an opportunity for Oral Communications on each regular City Council agenda following Council Communications.
B. Any person wishing to address the Council shall be recognized by the Mayor during Oral Communications, provided, however, that during the Oral Communications portion of the agenda, only items not on the agenda for that meeting may be addressed. All remarks shall be addressed to the Council as a body and not to any member thereof. Councilmembers shall not enter into debate with speakers under Oral Communications.
C. The Mayor will state at the beginning of each meeting the Council’s policy regarding three-minute limitation on comments by the public. The Mayor will announce when the three minutes have expired.
D. Management of Oral Communications cards: The cards will be taken in the order received by the Mayor.
E. Citizens who anticipate concerns exceeding three minutes are encouraged to submit comments in writing in advance to the City Clerk for prior distribution to the Council. Whenever possible, the material should be submitted by noon on the Wednesday before the next Monday City Council meeting.
F. Concerns should be limited to items within the subject matter jurisdiction of the City Council only. Submission of comments in writing is encouraged in lieu of lengthy oral presentations.
G. If there are a number of people requesting to speak on a particular subject under Oral Communications, the Mayor may request that the speakers assist the Council in having the Council meeting proceed efficiently. To that end, the Mayor may request that a spokesperson be designated to represent an organization or group and may request that other speakers in the group limit their comments to indicating their agreement with the spokesperson. A show of hands may also be requested.
H. No action can be taken on items raised under Oral
Communications. Upon conclusion of Oral Communications, City Councilmembers may briefly respond to statements or questions made. The City Manager may summarize the issues and questions raised. In addition, in response to questions posed by the public, Councilmembers may ask a question for clarification, refer the matter to staff, to a City board or commission, or to other resources for factual information, or request staff to 3 report back to the Council at a subsequent meeting. The City Council may also direct staff to place the matter on a future agenda.
I. Councilmembers should not get into a discussion or debate with a member of the public during Oral Communications. Upon conclusion of the public input portion of Oral Communications, the Mayor will provide Councilmembers’ with the opportunity to respond to comments or statements made by a member of the public if a Councilmember wishes to do so.
4. Regular Agenda Items
A. Time limits for individuals. Persons wishing to address the Council are requested to give their name for the record and, unless further time is granted by the City Council, their remarks shall not exceed three minutes. In the case of a hearing required by law, applicants or their agents and appellants should generally be given ten minutes for their opening presentation and three minutes for rebuttal before the hearing is closed. In a hearing required by law, upon advice of the City Attorney, the City Council may grant sufficient additional time to allow an adequate presentation by the applicant or appellant.
B. Spokesperson for a group of persons. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to address the Council.
C. Addressing the Council after the time for public input has closed.
Following the time for public input and once the matter is returned to the Council for deliberation, no person shall address the Council without first securing the permission of the majority of the Council to do so, subject to approval of the City Attorney with respect to any hearing required by law. During Council deliberation, Councilmembers may ask questions of speakers to clarify points made during the public input portion of the hearing.
5. Special Presentations.
Ceremonial items such as commendations, proclamations and special presentations will be handled after consideration of Consent Calendar items.
6. Public Decorum.
A. Councilmembers will address the public and staff in a courteous manner.
B. It is the policy of the Council that all members of the public have the right to address the Council and that right includes the right to make remarks that members of the City Council may find critical, unpleasant or even offensive. However, it is also important that a proper standard of behavior be maintained during meetings and 4 that the City Council is able to complete the public’s business in a timely manner.
Therefore, the public should respect the order, procedures and decorum of City Council meetings. Persons addressing the City Council shall adhere to time limits, should not make slanderous or obscene remarks, shall not disrupt the conduct of the meeting, and shall not make threats against any person or the public order. The Mayor shall enforce this rule of decorum by ordering the speakers to maintain decorum and may take steps necessary to restore order to the meeting including but not limited to, recessing the meeting or terminating the speaker’s right to hold the floor.
Section 3. Order of the Agenda
Matters will be heard in the order printed on the City Council agenda. However, with majority Council approval, the City Council may hear agenda items out of their prescribed order on the printed agenda, if a large number of the public are present to speak on that specific agenda item, or if the City Council otherwise determines that it is in the public interest to change the order of the agenda.
Section 4. Consent Calendar
Items may be placed upon the Consent Calendar by the City Manager whenever, in his or her judgment, such items are expected to be routinely approved without requiring substantial discussion or debate. The Consent Calendar shall be voted upon as one item. Any Councilmember may ask brief questions to clarify an issue prior to voting on the Consent Calendar and there may be brief Council discussion of an item. If further discussion or debate is desired, any Councilmember may request that an individual item be removed from the Consent Calendar in which case the item shall be considered on the regular agenda immediately after the Consent Calendar unless otherwise determined by the Council. Any Councilmember may request that such member’s vote be recorded as other than yes on any individual item without having to remove the same from the Consent Calendar.
All items on the Consent Calendar will have staff reports sufficient to adequately inform the public of the nature of the items on the Consent Calendar of which reports shall be posted and available in the Council Chambers.
Section 5. Council Communications
The purpose of Council Communications is for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings.
City Councilmembers should generally adhere to a three-minute time limit for Council Communications unless additional time is granted by a majority of the City Council.
Section 6. Regular Agenda Items
5 l. Council Considerations
Routine items for Council consideration which are not likely to require extensive discussion shall be agendized before Public Hearings. The remainder of items for Council consideration shall be heard after Public Hearings.
2. City Council Decorum.
A. Respect for each individual Councilmember’s interpersonal style will be a standard of operation. Courtesy and respect for individual points of view will be a standard of operation. All City Councilmembers will respect each other’s right to disagree. All City Councilmembers will expect a high degree of decorum and courtesy during City Council meetings both among Councilmembers and towards the public and staff.
B. The Mayor will use his or her discretion to enforce these rules.
Councilmembers and staff will be polite, even under tense situations, and will refrain from impolite or disrespectful remarks and body language at public meetings either towards a City Councilmember, staff or the public.
C. Councilmembers should not get into a hostile or adversarial debate with a member of the public or staff at a Council meeting, since these types of debates seldom resolve concerns and many times inflame feelings. If a speaker from the public personally attacks or “pushes the buttons” of the Council, the Mayor may ask the staff for input; if appropriate; although the Mayor may ask staff for input, the Council will not engage in debate with the speaker. If a speaker from the public makes such inflammatory or erroneous statements, after the conclusion of public input, the Mayor will then provide the Council with the opportunity to correct such statements if any City Councilmember wishes.
D. Councilmembers will strive to keep open minds on all issues prior to a vote. Individual Councilmembers will maintain as near neutral a position as possible to assure the openness that is required to carry out the Council’s community responsibility.
E. There will be no “grandstanding” on any issue. “Grandstanding” refers to the misuse of the grandstand, or Council dais. It is the use of an individual Council seat on the Council dais in a disrespectful and inappropriate manner to state a point of view in a negative manner. Negative manner includes: personally attacking another Councilmember, staff or member of the public, walking off the Council dais or leaving any meeting in anger or disgust; emphasizing a political point of view solely for the purpose of playing to the audience unrelated to the issue before the Council; using the dais for a strictly personal purpose; addressing the media for political purposes rather than addressing the Council as a body, or purposely misstating the facts of an issue for political purposes.
6 F. The City Council respects that the decision of the City Council is made by the majority and not by any individual City Councilmember. Members who are in the minority on an issue will respect the authority of the majority. Members who are in the majority will respect the right of the minority to express their disagreement with the majority decision. Once the agenda item has been voted upon, the City Council minority after making his/her position known for the record, must respect the decision of the majority.
Section 7. Deliberation and Voting.
1. Order of Deliberation. The Mayor will call upon individual Councilmembers and give them the floor in the order the deliberation lights are turned on. In the event the Mayor cannot determine the order of the lights the Mayor will grant the floor from the left side of the dais to the right. The Mayor pro Tem will monitor the lights and assist the Mayor in setting the order of deliberation and making sure the speaker cards are in proper order.
2. It is not necessary for all Councilmembers to speak or give their viewpoints on every issue or item on the agenda, especially if their concerns have already been addressed by other Councilmembers. On critical or significant issues, all members of Council will undoubtedly want to indicate individual opinions on the issue but City Councilmembers should avoid repetition and should strive to move the deliberation along promptly.
3. When an agenda item is called, the Mayor will call for a staff report.
After the staff report, the City Councilmembers may ask staff brief questions to clarify facts, but should not engage in discussion or debate of the issue prior to public input.
4. At the conclusion of public input and during City Council debate, the Mayor may request preliminary straw votes if it will assist the City Council in framing motions.
5. The Council shall debate and discuss issues audibly into the microphone and avoid “off-mike” and individual conversations during public input and debate.
6. The Mayor may move, second and debate from the chair, subject only to these rules. The Mayor shall not be deprived of any of the rights and privileges of a Councilmember. The Mayor customarily will take the floor after other Councilmembers who wish to speak have spoken.
7. Division of a motion. If a motion contains two or more divisible parts, each of which is capable of standing as a complete motion, the Mayor may, and upon request of a member shall, divide the same.
7 8. Withdrawal of motion. A motion may not be withdrawn by the maker without the consent of the Councilmember seconding it.
9. Correction of vote. Councilmembers may correct an erroneously cast or recorded vote before the next item on the agenda is called.
10. Voting. On the passage of every motion, the vote shall be taken by voice or electronic voting device and entered in full upon the record.
11. Silence constitutes affirmative vote. Councilmembers who are silent during a voice vote shall have their vote recorded as an affirmative vote, except when individual Councilmembers have stated in advance they will not be voting.
12. Abstention from vote. An abstention for reasons of legal disqualification to vote shall not be counted for any purpose. Non-legal abstentions for personal reasons (such as friendship or appearance) shall be stated with the reason for the abstention and shall not count for any purpose other than a quorum.
13. Not participating. A Councilmember who has disqualified himself or herself pursuant to the Political Reform Act of 1974 because of any financial interest shall disclose the nature of the conflict and may not participate in the discussion or the vote.
14. Tie votes. Tie votes generally mean that no action has been taken on a matter. In the case of an appeal, a tie vote generally signifies that the underlying action stands. Tie votes may be reconsidered on a motion by any member of the Council before the next item on the agenda. In the event of a tie vote, any member of the Council may make a motion to continue the matter to another date. Any continuance shall suspend the running of any time in which action of the City Council is required by law. Nothing herein shall be construed to prevent any Councilmember from agendizing a matter which resulted in a tie vote for a subsequent meeting.
15. Motion to reconsider.
A. A motion to reconsider any action taken by the Council may be made only during the meeting when the action was taken. A motion to reconsider requires a second, is debatable and is not amendable. Such motion must be made by a Councilmember who was on the prevailing side, but may be seconded by any Councilmember. A motion to reconsider may be made at any time during the meeting and shall have precedence over all other motions. The purpose of reconsideration is to bring back the matter for review. If a motion to reconsider fails, it may not itself be reconsidered. Reconsideration may not be moved more than once on the same motion.
B. Nothing herein shall be construed to prevent any Councilmember from making a motion to reconsider such action at a subsequent meeting of the Council where the matter has been agendized for that purpose. Such motion to reconsider may 8 not be made where the City Attorney advises that it is not permissible under the particular circumstances.
16. Appeal from the decision of Mayor. The Mayor shall decide all questions of debate and voting procedure, subject to appeal by a Councilmember to the whole Council. When in doubt, the Mayor may submit the question to the Council, in which case a majority vote shall prevail. Any procedural decision or ruling of the Mayor may be appealed by request of any member. The Mayor shall call for a roll call or electronic voting device vote to determine if the Mayor’s ruling shall be upheld. If said vote passes or results in a tie vote, the Mayor’s ruling shall stand. If said vote fails, the decision or ruling of the Mayor is reversed.
17. Getting the floor. Every Councilmember desiring to speak shall push the debate button and, upon recognition by the Mayor, every Councilmember shall be confined to the question under debate, avoiding disrespectful remarks or body language.
18. Interruptions. Except for being called to order, a Councilmember once recognized, shall not be interrupted when speaking, except as otherwise provided for in these rules. A Councilmember called to order while speaking shall cease speaking until the question or order is determined, and if in order, said Councilmember shall be permitted to proceed.
19. There shall be no voting by secret ballot.
Section 8. Motions.
1. The Mayor shall ensure that all motions are clearly stated before allowing debate to begin and also immediately before a vote is taken. The Mayor may request a City Councilmember to restate a motion for clarification, may restate the motion or direct staff to restate the motion.
2. Motions defined. The following motions may be made by the City Council.
a. The main motion. A main motion is a motion on the issue before the Council. It needs a second, is amendable and is debatable. b. Fix the time to which to adjourn the meeting to another date. A motion to fix the time to which to adjourn requires a second, is amendable and is debatable only at the time to which the meeting is adjourned. The purpose is to set a time for continuation of the meeting to another date.
c. Motion to adjourn the present meeting. This motion requires a second and is not debatable. A motion to adjourn shall be in order at any time, except as follows: (1) when repeated without intervening business or discussion; (2) when made as an interruption of a member while speaking; (3) when the question has been called; and (4) while a vote is being taken.
9 d. Motion to take a recess. A motion to take a recess requires a second, is amendable but is not debatable. The purpose is to interrupt the meeting for a brief recess.
e. Motion to raise a question of personal privilege. The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character or motives are directly questioned by another Councilmember during debate. The maker of the motion may interrupt another speaker if the Mayor recognizes the “privilege”. The motion does not require a second, is not amendable and is not debatable. f. Motion to call for the order of the agenda. A motion to call for the order of the agenda does not require a second, is not amendable and is not debatable. The purpose is to require adherence to the order of the agenda. g. Motion to lay on the table. The purpose is to interrupt discussion of the item at hand for more urgent business or to end consideration of an item without action. A motion to lay on the table requires a second, is not amendable and is not debatable. It shall preclude all amendments or debate of the subject under consideration.
If the motion prevails, and the subject is tabled, the matter may be taken from the table at any time prior to the end of the meeting. Any councilmember can agendize the subject of a tabled matter for a later city council meeting.
h. Motion to call the question. The purpose of this motion is to close debate on the pending motion. A motion to call the question requires a second, is not debatable and is not amendable. It applies to all previous motions on the subject unless otherwise specified by the maker of the motion. If the motion fails, debate is reopened; if the motion passes, then the City Council votes on the pending motion. A motion to call the question requires a majority vote of those Councilmembers present and voting. i. Motion to continue to a certain time. A motion to continue to a certain time is amendable and is debatable as to propriety of postponement and time set.
Purpose is to continue the matter to another specified time. j. Motion to refer to a City agency, body, committee, board, commission or officer. A motion to refer requires a second, is amendable, and is debatable only as to the propriety of referring. Purpose of the motion is to send subject to another city agency, body, committee, board, commission or officer for further study and report back to council, at which time subject is fully debated. k. Motion to amend or substitute. A motion to amend a motion or to substitute one motion for another requires a second, is amendable, and is debatable only if the motion to which it applies is debatable. A motion to amend an amendment is also in order. An amendment can modify a motion but should not raise an entirely different or independent question. An amendment must be relevant to the main motion. 10 Amendments take precedence over the main motion. Amendments to amendments are voted first, then the amendment. If approved, the main motion is amended. l. Motion to take from the table. Subject to any applicable agenda posting requirement, a motion to take from the table may be made at any time prior to the end of the next meeting at which the item was tabled. The purpose is to consider business previously laid aside in favor of more urgent business. A motion to take from the table requires a second, is not debatable and is not amendable.
Section 9. Closed Sessions:
1. Purpose. It is the policy of the City Council to conduct its business in public to the greatest extent possible. However, the City Council recognizes that, in certain limited circumstances, public discussion jeopardizes the public interest, compromises the City’s position, and could cost the taxpayers of Pacifica a significant amount of money. Therefore, these rules provide for strict confidentiality of City Council discussion in certain circumstances allowed by law.
2. Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Councilmembers and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties.
The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality of closed sessions.
3. Breach of Rule of Confidentiality.
No person who attends a closed session may disclose any statements, discussions, documents or votes made in a closed session except where specifically authorized by these rules. Any authorized disclosure will be in strict compliance with these rules and the Ralph M. Brown Act. Violation of this rule shall be considered a breach of this rule of confidentiality.
4. Where required by the Brown Act, the City Council agenda will contain a brief general description of the items to be discussed at the closed session. City Councilmembers will keep all written materials and verbal information provided to them in closed session in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials will be made to anyone other than Councilmembers, the City Attorney or City Manager, except where authorized by a majority of the City Council.
11 5. Permissible Topics. All closed sessions will be held in strict compliance with the Brown Act. Upon the advice of the City Attorney, closed sessions may be held to discuss:
A. personnel matters;
B. employer-employee relations;
C. litigation;
D. real estate negotiations;
E. other matters only where specifically allowed by the Brown Act.
6. Scheduling Closed Sessions. Subject to the advice of the City Attorney, a closed session may be called by the Mayor, by a majority of the City Council, by the City Attorney or by the City Manager.
7. Persons Permitted to Attend. The City Council, City Manager and City Attorney, or their designees, may attend closed sessions unless it is necessary to excuse them for conflict of interest. Only such additional staff or attorneys shall attend as are necessary. The department head whose department is most directly affected by the topic of the closed session may also attend.
8. Rules of Decorum.
A. The same high standard of respect and decorum as applied to regular meetings shall apply to closed sessions. There shall be courtesy, respect and tolerance for all viewpoints and for the right of Councilmembers to disagree.
Councilmembers shall strive to make each other feel comfortable that it is safe to express their points of view. All Councilmembers have the right to insist upon strict adherence to this rule.
B. Councilmembers may make whatever written notes they deem helpful and appropriate. All such documents are subject to these rules of confidentiality and shall be kept strictly confidential.
C. Prior to a vote, the Mayor shall insure that the motion is clearly stated and clearly understood by all Councilmembers.
D. The Mayor shall keep the debate moving forward so that debate and a vote can occur in the time allotted for the closed session. The Mayor will determine the order of debate in a fair manner.
9. Operating Procedures.
12 A. Call to order. The Mayor will call the closed session to order promptly at its scheduled time.
B. Statement of Permissible Topics for Closed Session. The City Attorney or his/her designee will set the legal parameters of the closed session. The City Attorney will state the topic or topics which can be legally discussed at the closed session. No other topic will be discussed. The City Attorney will advise the Council whether discussion falls within legally permissible topics.
C. Focus. The Mayor, the City Attorney, the City Manager or their designee will keep discussion focused on the permissible topics.
D. Visual Aids. The use of handouts and visual aids such as charts is encouraged to focus debate and promote understanding of the topic. All such materials are strictly confidential.
E. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisition or disposal, a proposed or pending claim or litigation, or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the matter. A Councilmember will not under any circumstances have any contact or discussion with the other party or its representative concerning the matter which was discussed in the closed session and will not communicate any discussions conducted in closed session to such party.
10. Public Disclosure by the City Council as a Body after a City Council Action Becomes Final.
A. The Brown Act requires that, as a body, the City Council make certain public disclosure of closed session decisions when those actions have become final. Accordingly, the City Council as a body shall publicly report the action taken in closed session and the vote or abstention of every Councilmember present at a publicly noticed meeting as required by the Brown Act.
B. The report may be oral or written. The report will state only the action taken and the vote. Unless authorized by the majority of the City Council, the report will not state the debate or discussion that occurred, nor disclose statements made individual statements made by individual Councilmembers during the discussion. Except for the action taken and the vote, all closed session discussions will remain confidential except as otherwise determined by a majority of the City Council.
C. Taping. Except where required by the Brown Act, closed session shall not be tape recorded.
11. Penalties.
13 In addition to any penalties applicable under the Brown Act, violation of these confidentiality rules may be punishable by resolution of the Council censoring the person or persons responsible for the disclosure.
Section 10. City Council Relationship with City Staff.
1. City staff acknowledge that the Councilmembers are the City’s policy makers and the City Council acknowledges that staff administers the Council’s policies.
The Council is the overall policy body and holds the City Manager responsible for the administration of the City departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments pursuant to the Council’s direction. The practices of each department are subject to review and approval by the City Manager.
2. The Council will direct staff only through the City Manager. If a written report or research from staff is requested, Council should go through the City Manager.
3. Staff shall inform all Councilmembers when written informational material has been requested by a Councilmember. Copies are not necessary unless requested by a Councilmember. City Councilmembers should contact the City Manager or staff as early as possible if they desire to have any additional written material prior to a City Council meeting. If Councilmembers have questions, need clarification, or need additional material, Councilmembers will advise staff as early as possible before a City Council meeting so that staff can meet their needs.
4. Council will not attempt to coerce or direct staff in the performance of their duties.
5. Staff reports should be provided to the City Council as early as possible before a meeting but no later than Friday before the next City Council meeting. Staff reports will give professional input on the issue, including areas of potential controversy and concern, will try to present all sides of an issue, and will recommend areas for discussion and decision by the City Council.
6. Once a decision is made by Council, it will be fully supported, accepted and implemented by staff.
7. Any concerns by a Councilmember over the performance of a City employee should be discussed privately with the City Manager. City Councilmembers should not engage in personal attacks on staff in public.
Section 11. Administrative Matters.
1. The City Council will agendize and prioritize those significant items to be scheduled as future Council agenda items or study session topics. Study sessions and 14 closed sessions will be scheduled before City Council meetings as needed. Whenever feasible, the City Council will receive seven (7) days’ notice of the scheduling of a study session or closed session.
2. Attendance at Meetings.
City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duties. Councilmembers shall attend all such meetings unless unable to do so.
3. An individual Councilmember may agendize an item for a City Council meeting by contacting the City Manager. All agenda items requiring a detailed staff report may be placed on the Agenda only if the request is made to the City Manager seven (7) days before the next City Council meeting. A City Councilmember request to agendize an item for reconsideration of a prior City Council decision shall require the majority approval of the City Council.
4. If a member of the City Council represents the City before another governmental agency, or organization, the Councilmember will first indicate the majority position of the Council. The Councilmember must fairly and objectively represent the majority City Council position even if his/her personal opinion differs. When appearing in a personal capacity, a Councilmember may express his/her personal opinions and comments only if the Councilmember clarifies that these statements do not represent the position of the City Council. Councilmembers shall notify the Mayor of planned attendance at meetings where possible City issues could be discussed. This is required even though the Councilmember is attending as a private citizen, not representing the City. This policy is necessary to avoid the inadvertent attendance of a majority of the Council in violation of the Brown Act, or to allow the proper notice of such meeting to comply with the Act.
5. Any written correspondence or other materials received by the City Manager for the City Council will be stamped with the date of receipt by the City Clerk and distributed to the City Council. Incoming requests to City Council as a whole generally are responded to by the Mayor or Councilmember. If Councilmembers get a letter addressed to them individually and they feel the letter is of general interest to the Council, a Councilmember should ask the City Manager to distribute it to other Councilmembers. Councilmembers may ask the Mayor or City Manager to respond to such a letter.
6. The Mayor will be the ceremonial spokesperson on behalf of the Council in all matters except if directed to a specific individual.
7. The Mayor will represent the Council’s position/policy even if his or her personal opinion is different or if the issue did not have a unanimous vote. 15 8. The Council will rely on the Mayor to act in a manner that is courteous and welcoming to the public at all times, even under pressure or during controversial issues.
9. If the Mayor is not available to represent the Council at a community event or meeting, the Mayor Pro Tem or another Councilmember will be available as back-up or to help lighten the Mayor’s schedule.
10. Any Councilmember who is unable to attend a committee meeting must notify the alternate to that committee prior to the meeting.
11. These rules may be amended by a majority vote of the City Council.