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 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.
D. 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.
E. 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.
F. 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.
G. Motion to refer to a City Commission, Committee, officer or City Council ad-hoc subcommittee.
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.
H. 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.
Section 9. SELECTION OF MAYOR AND VICE MAYOR
The City Council desires to encourage the rotation of Mayor and Vice Mayor positions to create a diverse and inclusive process for all the elected officials who represent the whole city.
1. Timing for Selection of Mayor and Vice Mayor
The City Council selects the Mayor and Vice Mayor among its membership annually at the first regular meeting in December or a special meeting in December. In those years of a General Municipal Election the City Council meeting at which the selection of the Mayor and Vice Mayor occurs will be held as soon as practical after the election results are certified by the County Clerk.
2. Eligibility Criteria for Mayor and Vice-Mayor
A member of the City Council will be eligible to be considered for Mayor if they have served as Vice Mayor in the preceding year. A member of the City Council will be eligible to be considered for Vice Mayor if they have served at least 11 months on City Council and they are not serving in the final year of their second full term on City Council. If a Councilmember deferred the nomination for Mayor or Vice-Mayor in the immediately preceding year, they may be considered for nomination for the same appointment in the subsequent year. However, a Councilmember who has declined the nomination for Mayor or Vice-Mayor in the immediately preceding year, cannot be considered for nomination for the same role until the second year following declination.
3. Presiding over Selection of Mayor and Vice-Mayor
The currently seated Mayor will be the presiding Chair for the process of the selection of Mayor. The newly selected Mayor will become the presiding Chair for the selection of the Vice-Mayor. The selection of Vice-Mayor will occur following the selection of Mayor. In an election year, the selection of Mayor and Vice-Mayor will occur following the oath of office being taken by newly elected Councilmembers and the new Councilmembers being seated at the dais. If the Mayor is an outgoing Councilmember, the Vice-Mayor will preside as Chair for the process of the selection of Mayor.
4. Selection Process for Mayor and Vice-Mayor
Based on the Eligibility Criteria for Mayor and Vice-Mayor, the City Clerk will determine which Councilmembers are eligible for consideration as Mayor and ViceMayor. As a courtesy, the City Clerk will inform eligible Councilmembers of their eligibility prior to the release of the Agenda Packet for the City Council meeting at which the selection of Mayor and Vice Mayor will be agendized. The Agenda Staff Report will include the names of Councilmembers eligible for consideration for Mayor and Vice-Mayor based on the eligibility criteria and will include any information regarding prior year’s deferrals or declining of nominations, if applicable. Prior to any vote on selection of Mayor or Vice-Mayor, the City Council shall allow public comment, deliberate on the appointment of Mayor or Vice-Mayor, and then vote on selection of Mayor or Vice-Mayor by majority vote of seated Councilmembers.
5. Declining Nomination for Mayor or Vice Mayor
A member of City Council who is eligible for nomination for Mayor or Vice Mayor may decline the nomination for any reason. The Councilmember must make a statement declining the nomination prior to any motion being made for the appointment of Mayor or Vice-Mayor. There is no requirement for the Councilmember to state a reason for declining the nomination. However, once a member declines the nomination for Mayor or Vice Mayor the declination cannot be rescinded and that member cannot be considered for nomination in the immediately following year.
6. Deferring a Nomination for Mayor or Vice Mayor
A member of City Council who is eligible for nomination for Mayor or Vice- Mayor may defer the nomination for any reason. There is no requirement to state a reason for deferring the nomination. If a Councilmember defers the nomination for Mayor or Vice Mayor, they may be considered for nomination for that role in the immediately following year. The Councilmember must make a statement deferring the nomination prior to any motion being made for the appointment of Mayor or Vice-Mayor and once made a deferral cannot be rescinded. A Councilmember may not defer the nomination for Mayor or Vice-Mayor two years in a row.
7. Vacancies and Partial Terms
The City Council may select a new Mayor or Vice Mayor outside of the annual process as a result of vacancies or City Council discretion. If the role of Mayor becomes vacant, the Vice Mayor will serve as the Mayor in the interim until the City Council appoints a new Mayor. If there is a vacancy for Vice Mayor during their year of service, the City Council shall appoint a new Vice Mayor in accordance with this Section 9 SELECTION OF MAYOR AND VICE-MAYOR.
8. Supermajority Vote Required to Deviate from Policy
Any deviation from the rules in this Section 9 SELECTION OF MAYOR AND VICEMAYOR must be made by a supermajority vote of the Councilmembers present.
Section 10. 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.
In accordance with 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 or otherwise required by law.
3. Breach 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 and subject to penalties as described in Item 8 below.
4. Permissible Topics.
All closed sessions will be held in strict compliance with the Brown Act.
5. Scheduling Closed Sessions.
Subject to the advice of the City Attorney, a closed session may be called by the Mayor, by the City Attorney or by the City Manager.
6. 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.
7. Rules of Decorum.
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.
8. Penalties.
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 11. 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. The City Manager shall inform all Councilmembers when written informational material has been requested by a Councilmember. Copies are not necessary unless requested by a