Inclusiveness, Community Engagement & Governmental Processes Committee TO: INCLUSIVENESS, COMMUNITY ENGAGEMENT, DATE: JULY 5, 2023
AND GOVERNMENTAL PROCESSES COMMITTEE
FROM: CITY MANAGER’S OFFICE WARDS: ALL
SUBJECT: REVIEW CITY COUNCIL RULES OF PROCEDURE AND ORDER OF BUSINESS – MAYOR/MAYOR PRO TEMPORE DUTIES, USE OF ELECTRONICS, AND VOTING DISQUALIFICATION ISSUE:
The issue for the Inclusiveness, Community Engagement, and Governmental Processes Committee is to give direction to staff relating to the existing and proposed City Council Rules of Procedure and Order of Business related to duties of the Mayor and Mayor Pro Tempore, use of electronics, and voting disqualification.
RECOMMENDATIONS:
That the Inclusiveness, Community Engagement, and Governmental Processes Committee:
Provide any recommendations deemed necessary to the current and/or proposed City Council Rules of Procedure and Order of Business related to duties of the Mayor and Mayor Pro Tempore, use of electronics, and voting disqualification; and Request staff bring forth any specific language recommendations along with a corresponding resolution to the full City Council for discussion.
BACKGROUND:
The intent of Resolution No. 23976 is to establish Rules of Procedure and Order of Business for the City Council to conduct its business in an orderly and fair manner. According to Section XVI, A – Administration, “The City Council will review and revise the City Council norms and procedures as needed or every two (2) years.” On January 5, 2022, the Inclusiveness, Community Engagement, and Governmental Processes Committee (ICGC) received and discussed a schedule to review nine Rules of Procedure and Order of Business items. Through discussion, the Committee added three additional items for review to the schedule and requested the discussion item be presented to Council for input.
On February 15, 2022, City Council received and discussed a schedule to review twelve Rules of Procedure and Order of Business items. Through discussion, the Council added additional items for review.
On April 6, 2022, ICGC received and discussed City Council Rules of Procedure and Order of Business related to the process and authorities associated with adding items to the agenda, a formalized agenda item referral process.
On May 4, 2022, ICGC received and discussed City Council Rules of Procedure and Order of Business related to the development and distribution of agenda packets, reviewed Public Comment and proclamation timelines.
On June 1, 2022, ICGC received and discussed City Council Rules of Procedure and Order of Business related to Board and Commission vacancies.
On July 6, 2022, ICGC received and discussed City Council Rules of Procedure and Order of Business related to the number and roll of Boards and Commissions. Through discussion the Committee requested the item be continued for further review and discussion. Additionally, the Committee added review of Section VII, D – City Council Meeting Schedule as it relates to City Council Meetings that occur following a holiday.
On September 7, 2022, ICGC received and discussed an update to City Council Rules of Procedure and Order of Business related to the number and role of boards and commissions. Through discussion the Committee directed staff to bring the recommendation to add a Commission of the Deaf to City Council for discussion and review the number and role of Boards and Commissions outside of Resolution No. 23976.
On October 5, 2022, ICGC received and discussed an update to proclamation language and request process, partial terms of board and commission seats, and the emergency order processes.
On April 11, 2023, the City Council received and discussed recommendations associated with Section IX, Item F – Agenda Sequencing and Order of Business related to Oral Communications. The City Council motioned to accept the recommendations from the Committee, repeal Resolution No. 23618, and adopt Resolution No. 23976.
On May 3, 2023, ICGC received and discussed parliamentary procedures. Through discussion, the Committee recommended Robert’s Rules of Order be used to provide parliamentary framework for City Council, Committee, and Board and Commission meetings.
DISCUSSION:
All proposed changes to City Council Rules of Procedure and Order of Business will be reviewed by ICGC in monthly sessions and forwarded to City Council for discussion. A comprehensive report of committee recommendations and Resolution is anticipated to go to City Council at a later date.
The review process format will consist of four stages:
A review of current processes and practices used.
Identification of advantages and disadvantages to existing process.
Review of other cities similar processes/practices.
Proposed recommendations to processes/practices.
July 5, 2023, review items include:
Section IV, A - Duties of the Mayor; Mayor Pro Tempore
Use of electronics on the Dais
Section IV Duties, F – Voting Disqualification
Duties of the Mayor and Mayor Pro Tempore
Review of Current Processes and Practices Used:
Section IV, A – Duties of the Mayor; Mayor Pro Tempore, identify the responsibilities of the Mayor to include:
The presiding officer at all meetings of the City Council.
The Mayor shall have a voice in all proceedings; and shall only vote to appoint members to Boards and Commissions or to break a City Council tie-vote.
The Mayor serves as the official head of the City for all ceremonial purposes.
Has primary, but not exclusive responsibility, for interpreting and communicating policies, programs, and needs of city government with the public.
Advises the City Council on all matters of policy and public relations.
Performs other duties as identified in the City Charter.
May veto any formal action taken by City Council with the exception of an emergency ordinance, annual budget, or ordinance proposed by initiative petition any time before the adjournment of a meeting.
The Mayor Pro Tempore performs the duties of the Mayor in the absence of the Mayor. The Mayor Pro Tempore is appointed from the members of the City Council on a rotational basis (descending numerical order by Ward) or otherwise determined by the City Council, with each member serving a six-month term. Duties of the Mayor Pro Tempore include:
Conducting City Council meetings in the absence of the Mayor.
The Mayor Pro Tempore shall vote as a member of the City Council. In the event of a tie-vote, the Mayor Pro Tempore does not have a tie-breaking vote.
The Mayor Pro Tempore does not have the power to veto acts of City Council.
In the event the Mayor Pro Tempore and Mayor are not in attendance, the previous Mayor Pro Tempore will serve as Mayor Pro Tempore.
The Mayor Pro Tempore is responsible for the coordination of any special or annual evaluation of the City Charter Officers. Responsibilities include distribution, collection, and tabulation of any written evaluations during the established timeline.
Participates in the agenda-setting meeting.
Identification of Advantages and Disadvantages to Existing Process:
Advantages to Current Process:
Clear definition of the role of the Mayor and Mayor Pro Tempore allow for City Council meetings to take place in the absence of the Mayor.
A designated Mayor Pro Tempore schedule provides each City Councilmember with an opportunity to serve in the role.
Disadvantages of Current Practice:
Duties associated with the Mayor Pro Tempore role including coordinating special or annual evaluations and attending agenda-setting meetings may exceed the availability of the City Councilmember.
A member may not choose to serve in the role of Mayor Pro Tempore but is next in line on the rotation.
Review of Other Cities Similar Processes/Practices:
Ten California cities similar in size and demographics were selected for review. The selected cities include Anaheim, Bakersfield, Chula Vista, Fresno, Irvine, Long Beach, Oakland, Sacramento, Santa Ana, and Stockton. Significant findings associated with the parliamentary procedure include:
The cities of Anaheim, Chula Vista, Sacramento, and Stockton identified similar Mayoral duties to that of Riverside.
The City of Oakland manages the City Council through President and Vice President roles. In addition to fulfilling the same duties as the Mayoral duties, the President also manages the Office of City Council, presents the budget for adoption, and makes appointments for committee and chair positions.
Both the City of Stockton and City of Sacramento have Vice Mayor positions.
The City of Sacramento annually elects from among members of the council a Vice Mayor and Mayor Pro Tempore at the Council’s first meeting in January. The Mayor Pro Tempore fulfills the role of Mayor in the absence of the Mayor and Vice Mayor.
The Mayor of the City of Stockton nominates one Councilmember to serve as Vice Mayor. Upon ratification, the nomination by Council shall serve until the December 31 following the next general municipal election. In the absence of the Mayor and Vice Mayor, the Council elects one of its members to serve as Mayor Pro Tempore.
Proposed Recommendations to Processes/Practices:
Recommendations for consideration include:
Maintain existing rotation schedule to allow for each Ward to serve in the Mayor Pro Tempore role.
Consider establishing a nomination process for the Mayor Pro Tempore position every six months.
Consider extending the Mayor Pro Tempore role from a six-month term to a one-year term.
Use of Electronics on the Dais
Resolution 23976 includes framework associated with conducting City Council meetings and order of business, however, does not identify rules or procedures associated with the use of electronics on the dais.
Identification of Advantages and Disadvantages to Existing Process:
Disadvantages of Current Practice:
Without a formal set of rules or procedures identifying approved uses of electronics on the dais, a Brown Act violation through serial communication could occur.
Review of Other Cities Similar Processes/Practices:
Ten California cities similar in size and demographics were selected for review. The selected cities include Anaheim, Bakersfield, Chula Vista, Fresno, Irvine, Long Beach, Oakland, Sacramento, Santa Ana, and Stockton. Significant findings associated with the parliamentary procedure include:
Among the ten cities surveyed, the City of Bakersfield was the only city that had adopted a resolution related to the use of electronic communications during public meetings. Through the resolution, the City Council adopted a policy restricting the use of electronic communication during meetings. Bakersfield identifies electronic communications as information received or sent by emails, texts, instant messages, chatrooms, and telephone calls.
Proposed Recommendations to Processes/Practices:
Recommendations for consideration include:
Updating language in Section IV Duties, D – Decorum to include:
D. DECORUM
While the City Council is in session, the members must preserve order and decorum, and a member shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of the City Council nor disturb any member while speaking, nor refuse to obey the orders of the City Council, or the presiding officer, except as otherwise herein provided.
During City Council, Board, Commission, and Committee meetings noticed and open to the public pursuant to the Brown Act, the use of Electronic Communication System Devices by members to access the internet or to receive and send email or text messages, is not permitted. This prohibition shall not apply to email or text messages from or to family members, family care givers, or other urgent personal or business matters that do not address City business.
Voting Disqualification - Abstentions
Review of Current Processes and Practices Used:
Section IV, F – Voting Disqualification, reads:
Neither the Mayor nor any Council member who is disqualified shall vote upon the matter on which the member is disqualified. Any member shall openly state that they are abstaining because of a disqualifying financial or other conflict of interest. The Mayor or any councilmember who is disqualified due to a financial interest shall publicly identify the financial interest in detail sufficient to be understood by the public except that disclosure of the exact street address of a residence is not required. As to any other conflict of interest, the member' s determination may be accompanied by an oral or written disclosure of such conflict of interest. A member who is disqualified by a conflict of interest in any matter shall not remain in the member's chair during the discussion and vote on such matter unless the matter has been placed on the consent agenda.
On May 3, 2023, ICGC recommended to bring forth to City Council for consideration, Robert’s Rules of Order as a parliamentary procedure framework to be used when Resolution 23796 is silent. Robert’s Rules of Order provides specific direction to voting disqualifications and quorums related to recusal and abstention.
Proposed Recommendations to Processes/Practices:
While Robert’s Rules of Order provides specific direction related to types voting disqualifications. A language update is recommended to add clarity to the existing language in the resolution.
Recommendations for consideration include:
Updating language in Section IV, F – Voting Disqualification as follows:
Neither the Mayor nor any Council member who is disqualified shall vote upon the matter on which the member is disqualified. Any member shall openly state that they are recusing themselves because of a disqualifying financial or other conflict of interest. The Mayor or any councilmember who is disqualified due to a financial interest shall publicly identify the financial interest in detail sufficient to be understood by the public except that disclosure of the exact street address of a residence is not required. As to any other conflict of interest, the member' s determination may be accompanied by an oral or written disclosure of such conflict of interest. A member who is disqualified by a conflict of interest in any matter shall not remain in the member's chair during the discussion and vote on such matter unless the matter has been placed on the consent agenda.
STRATEGIC PLAN ALIGNMENT:
This item contributes to Strategic Priority No. 5 High Performing Government and Goal 5.2 – Utilize technology, data, and process improvement strategies to increase efficiencies, guide decision making, and ensure services are accessible and distributed equitably throughout all geographic areas of the City.
The item aligns with each of the five Cross-Cutting Threads as follows:
Community Trust – This item builds community trust by identifying City Council process and procedure and providing transparency in municipal operations.
Equity – Regular review and revision to City Council Rules of Procedure and Order of Business, ensures the City Council, Boards, and Commissions operate in a manner that is equitable to all City of Riverside residents.
Fiscal Responsibility – This item ensures fiscal responsibility of City resources by outlining and reviewing processes to be used when conducting City Council business.
Innovation – Riverside is committed to meeting community needs in a changing environment including the additional of virtual community resources, alignment with Legislative emergency orders, and Brown Act modifications.
Sustainability & Resiliency – This item ensures sustainability through ongoing evaluation of City Council Rules of Procedure and Order of Business to allow for adaptation to meet the changing needs of the community during a public health emergency and future needs ensuring the City’s capacity to persevere, adapt and grow.
FISCAL IMPACT:
There is no immediate fiscal impact from this report. However, there may be a future impact, based on the recommendations of the Committee.
Prepared by: Megan Stoye, Principal Management Analyst Attachment:
Resolution R-23976
ICGC – Duties and Conduct ● Page 3