Inclusiveness, Community Engagement & Governmental Processes Committee TO: INCLUSIVENESS, COMMUNITY ENGAGEMENT, DATE: JANUARY 3, 2024
AND GOVERNMENTAL PROCESSES COMMITTEE
FROM: CITY MANAGER’S OFFICE WARDS: ALL
SUBJECT: REVIEW AND DISCUSS CITY COUNCIL RULES OF PROCEDURE AND ORDER OF BUSINESS - PARLIAMENTARY PROCEDURE, ABSTENTION, AND REFERRAL OF ITEMS TO BOARDS AND COMMISSIONS ISSUE:
Review and discuss City Council Rules of Procedure and Order of Business - parliamentary procedure, abstention, and referral of items to boards and commissions.
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 parliamentary procedure, abstention, and referral of items to boards and commissions; Review Committee recommendations to City Council Rules of Procedure and Order of Business as documented in Resolution 23976; 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.” The Inclusiveness, Community Engagement, and Governmental Processes Committee (Committee) received and discussed the Rules of Procedure and Order of Business for the City Council through a series of meetings held January 2022 through November 2023. Committee recommendations were presented through workshop to City Council on December 12, 2023, for review with City Council requesting three items return to Committee for further discussion.
DISCUSSION:
The items for discussion include parliamentary procedure, abstention, and referral of items to boards and commissions.
Parliamentary procedure
On May 5, 2023, the Committee reviewed parliamentary framework to bring forth when the Resolution is silent. As part of the review process, the Committee considered the parliamentary practices of ten other cities similar in size and composition. Significant findings included:
Seven cities use Robert’s Rules of Order for complete parliamentary guidance or as a framework to utilize when their existing framework is silent.
The City of Sacramento and the City of Stockton utilize Rosenburg’s Rules of Order for parliamentary guidance.
The City of Chula Vista uses their own rules of order and does not prescribe or lean upon Robert’s or Rosenberg’s Rules of Order.
Five cities do not have a designated parliamentarian.
The City of Santa Ana provides discretion to the presiding officer for parliamentarian matters.
Four cities refer parliamentarian matters to the City Attorney or designee.
Through discussion the Committee recommended Robert’s Rules of Order framework be used at City Council, Standing Committee, Board, and Commission meetings. The City Council requested the Committee further review the parliamentary framework and bring forward to City Council for discussion the recommended process to appoint a Parliamentarian.
Recommendations for consideration include:
The City Attorney or designee in their absence, may act as parliamentarian to advise and assist the presiding officer in matters pertaining to parliamentary law.
The Mayor Pro Tempore may serve as parliamentarian and is assigned in alignment with the Mayor Pro Temp rotation schedule.
An external agency may provide parliamentarian services during meetings.
Remove the proposed Robert’s Rules of Order parliamentary framework with the City Attorney, or designee, serving as advisory parliamentarian for the City. Final rulings on parliamentary procedure shall be made by the chair and are subject to the appeal of full City Council.
Abstention
On July 5, 2023, the Committee reviewed voting disqualification or abstentions. When yielding to the proposed adoption of Robert’s Rules of Order as a parliamentary framework, specific direction is provided as it relates to voting disqualifications. As a result, the Committee recommended resolution language be updated as follows:
Section IV, F – Voting Disqualification
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.
The City Council requested the Committee further review and bring forth recommendations to remove the ambiguity related to abstentions and recusals. Additionally, the City Council requested clarification on how abstentions and recusals impacted quorum. Specific to discussion is the alignment of Section XII, Procedural Matters – Rule of Discussion, Item E, with Robert’s Rules of Order (Item E). Item E identifies a refusal to vote (abstain) without excuse shall be an affirmative vote.
Section XII, Procedural Matters – Rules of Discussion, Item E On the passage of every motion, the vote shall be taken by electronic voting device and entered in full upon the record. If the device is inoperable, the vote shall be taken by roll call voice vote recorded by the City Clerk. The presiding officer shall announce the result of the vote. No member shall be excused from voting except on matters involving the consideration of the Councilmembers’ own official conduct, or where a conflict of interest exists. Refusal to vote without excuse shall be an affirmative vote.
Robert’s Rules of Order 11th ed. provides, while it is the duty of every member who has an opinion on a question to express it by his vote, he can abstain, since he cannot be compelled to vote. A member that chooses to not vote may either abstain or recuse themselves from voting defined as follows:
Definition
Impact of Quorum
Abstention – withholding a vote
Included in quorum
Recusal – removal of oneself from voting due to a conflict of interest Not included in quorum
According to a 2011 California Attorney General’s Office legal analysis (corporate governance), a board members’ refusal to vote is, in effect, a declaration that they consent that the majority of the quorum may act for the body of which they are members.
Recommendations for consideration include:
Updating Section XII, Procedural Matters – Rules of Discussion, Item E language to include:
On the passage of every motion, the vote shall be taken by electronic voting device and entered in full upon the record. If the device is inoperable, the vote shall be taken by roll call voice vote recorded by the City Clerk. The presiding officer shall announce the result of the vote. No member shall be excused from voting except on matters involving the consideration of the Councilmembers own official conduct, or where a conflict of interest exists. Refusal to vote without excuse shall be an affirmative vote. Abstaining votes consent with the majority of the quorum.
Referral of Items to Boards and Commissions
Referral of Matters to City Council Standing Committees Section XIII, B identifies that generally, all items agendized for City Council Standing Committees must first be referred by the City Council for review. Additionally, with the concurrence of the Committee Chairperson and the City Manager, an item may be sent directly to a Council committee without a Council referral. The existing Procedure for Bringing Matters before City Council defines persons who may place items on an agenda pertinent to and within the jurisdiction of the City may be placed on the agenda by the Mayor, any Councilmember, or any of the three City Charter Officers.
On September 7, 2022, the Committee recommended the number and purview of boards and commissions be reviewed outside of Resolution No. 23976 at a later date. On December 12, 2023, the City Council requested the Committee review the process used to refer items to Boards and Commissions. Recommendations for consideration include adding Section XIII, C - Referral of Matters from City Council to Boards or Commissions to read as follows:
C. REFERRAL OF MATTERS FROM CITY COUNCIL TO BOARDS OR COMMISSIONS With the concurrence of two Councilmembers, an item may be sent directly to a Board or Commission without majority City Council referral. If a matter is referred to a Board or Commission, the meeting agenda will note such fact on the face of the agenda including referencing the City Councilmembers who submitted the item. Such referrals are not required to be forwarded to the Council Standing Committee for action following Board or Commission review.
The below guidelines shall be considered for such referrals.
Board/Commission
Types of Items Referred:
Airport Commission
Matters pertaining to administration, operation, development, improvement, and maintenance of the Airport Commission on Aging
Matters pertaining to senior citizens and their needs.
Budget Engagement Commission
Matters pertaining to spending and policy priorities based on information received through quarterly financial and performance reports including revenue from transaction and use tax.
Community Police Review Commission
Matters related to police/community relations issues and Police Department policy and procedure.
Cultural Heritage Board
Matters related to the preservation of historical objects, events, structures, and sites.
Commission of the Deaf
Matters related to the integration and participation of persons of the deaf community.
Commission on Disabilities
Matters affecting persons with disabilities in the community including review of community policies, programs, and actions related to persons with disabilities.
Board of Ethics
Review of complaints filed under the thirteen prohibited behaviors of the Code of Ethics and Conduct.
Human Relations Commission
Matters related to issues of discrimination, equal opportunity, justice, and access to services and opportunities.
Human Resources Board
Matters related to personnel administration such as employment opportunities, equal employment opportunity, and policies impacted Human Resources.
Board of Library Trustees
Matters pertaining to the administration, scope, operations, development, and enhancement of the Library system.
Museum of Riverside Board
Matters pertaining to museum scope, growth & development, care, maintenance, daily operations, and activities.
Park and Recreation Commission
Matters pertaining to parks, recreation, parkways, and street trees.
Planning Commission
Matters related to proposed changes to the General Plan for the physical development of the City, including recommendations on proposed zoning and land use.
Board of Public Utilities
Matters pertaining to the review and approval of expenditures, operations, and polices of the Electric and Water utilities.
Transportation Board
Matters pertaining to public parking and the operation and management of City streets systems and traffic regulations.
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 of the 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 by reviewing and introducing better business practices to improve operational efficiencies.
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.
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 Attachments:
Resolution R-23976
Presentation
ICGC – Committee Review Discussion Update ● Page 3