City Council
Memorandum
TO: HONORABLE MAYOR AND CITY COUNCIL DA TE: JANUARY 16, 2024
FROM: CITY MANAGER’S OFFI CE WARDS: ALL
SUBJECT: REVIEW AND DISCUSS COMMITTEE RECOMMENDATIONS TO RESOLUTION NO. 23976 CITY CO UNCIL RULES OF PROCEDURE AND ORDER OF
BUSINESS - PARLIAMENTARY PR OCEDURE, ABST ENTION, AND
REFERRAL OF ITEMS TO BOARDS AND COMMISSIONS
ISSUE:
The issues for City Council consideration in clude the review of recommendations of the Inclusiveness, Community Engagement, and Governmental Processes Committee to amend the City Council Rules of Procedure and Order of Business as last amended by Resolution 23976.
RECOMMENDATIONS:
That the City Council:
1. Provide any recommendations deemed necessa ry to Resolution No. 23976 - City Council Rules of Procedure and Order of Business related to parliamentary procedure, abstention, and referral of items to boards and commissions;
2. Review Committee recommendat ions to City Council Rules of Procedure and Order of Business as documented in Resolution 23976; and
3. Request staff bring forth any specif ic language recommendat ions along with a corresponding resolution to the full City Council for adoption.
BACKGROUND:
The intent of Resolution No. 23976 is to establ ish 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 hel d January 2022 through November 2023. Committee
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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.
On January 3, 2024, with Chair Cervantes, Vice Chair Perry, and Committee Member Conder present, the Committee requested staff bring forth Committee recommendations related to parliamentary procedure, abstention, and referral of items to boards and commissions to the full City Council for discussion.
DISCUSSION:
The items for discussion include parliamentary pr ocedure, abstention, and referral of items to boards and commissions.
Parliamentary procedure
On May 5, 2023, the Committee reviewed parlia mentary framework to bring forth when the Resolution is silent. 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 reco mmended process to appoint a Parliamentarian.
Through discussion at the January 3, 2024, Inclusiveness, Community Engagement, and Governmental Processes Committee meeting, the Committee recommended two considerations be brought forward for discussion:
Option One:
The Mayor Pro Tempore may serve as parliamentarian and is assigned in alignment with the Mayor Pro Temp rotation schedule.
Recommended language updates for Option One include:
I. Authority
The Charter of the City of Riverside provides that the City Council shall determine its own rules and order of business. By virtue thereof, and when not in conflict with the Charter of the City of Riverside and the Constitution and laws of the State of California, the following set of rules shall be in effect upon adoption by the City Council and until such time as they are amended or new rules adopted in the manner hereinafter provided and shall prevail to govern the business of the City Council of the City of Riverside.
The business of the City Council and its standing committees shall be conducted, so far as it is practicable, in accordance with parliamentary rules as contained in Robert’s Rules of Order, except as modified by these rules and is consistent with state open meeting laws and local Sunshine Ordinance. The Mayor Pro Tempore shall serve as parliamentarian. The City Attorney shall act as a resource for the interpretation of such rules but not as a parliamentarian. All appointed Boards and Commissions shall amend their own rules and regulations to adopt Robert’s Rules of Order, consistent with state open meeting laws, local Sunshine Ordinance and the City Charter.
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Option Two:
Remove the proposed Robert’s Rules of Order parliamentary framework with the City Attorney, or designee, serving as advisor y parliamentarian for the City. Final rulings on parliamentary procedure shall be made by the Presiding Officer and are subject to the appeal of full City Council.
Recommended language updates for Option Two include:
I. Authority
The Charter of the City of Riverside provides that the City Council shall determine its own rules and order of business. By virtue thereof, and when not in conflict with the Charter of the City of Riverside and the Constitution and laws of the State of California, the following set of rules shall be in effect upon adoption by the City Council and until such time as they are amended or new rules adopted in the manner hereinafter provided and shall prevail to govern the business of the City Council of the City of Riverside. The City Attorney, or designee, shall serve as advisory Parliamentarian for the City. Final rulings on parliamentary procedure shall be made by the Presiding Officer 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 disqualific ations. 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 financ ial interest in detail sufficient to be understood by the public exc ept that disclosure of the exact street address of a residence is not required. As to any ot her 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 Co mmittee further review and br ing forth recommendations to remove the ambiguity related to abstentions and recusals. Additio nally, the City Council requested clarification on how abstentions and recusals impacted quorum. Specific to discussion is the alignment of Section XII, Procedural Matte rs – 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.
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Recommended language updates include:
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 offi cer shall announce the result of the vote. No member shall be excus ed 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. An explanation of the reason for abstention is encouraged.
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 revi ew. Additionally, with the concurrence of the Committee Chairperson and the City Manager, an it em may be sent directly to a Council committee without a Council referral. The existi ng 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 Councilme mber, or any of the three City Charter Officers.
On September 7, 2022, t he 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.
Committee 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
1. When deemed appropriate the City Council or Councilmember, may refer matters to boards and commissions for review. Re ferrals may return to City Council Standing Committees if not time sensitive.
The below guidelines shall be c onsidered for such referrals.
Board/Commission Types of Items Referred:
Airport Commission
Matters pertaining to administration, operation,
development, improvement, and maintenance of the
Airport.
Charter Review Committee Matters pertaining to amendments recommended to the City Charter.
Commission on Aging Matters pertaining to senior citizens and their needs.
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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 st rategies to increase efficiencies, guide ICGC – Committee Review Discussion Update ● Page 6
decision making, and ensure services are acce ssible and distributed equitably throughout all geographic areas of the City.
The item aligns with each of the five Cross-Cutting Threads as follows:
1. Community Trust – This item builds community trus t by identifying City Council process and procedure and providing transparency in municipal operations.
2. 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.
3. Fiscal Responsibility – This item ensures fiscal res ponsibility of City resources by outlining and reviewing processes to be used when conducting City Council business.
4. Innovation – Riverside is committed to meeti ng community needs in a changing environment by reviewing and introducing better business practices to improve operational efficiencies.
5. Sustainability & Resiliency – This item ensures sustainability through ongoing evaluation of City Council Rules of Procedur e and Order of Business to a llow for adaptation to meet the changing needs of the community.
FISCAL IMPACT:
There is no immediate fiscal impac t from this report. However, there may be a future impact, based on the recommendations of the Committee.
Prepared by: Megan Stoye, Pr incipal Management Analyst Certified as to
Availability of funds: Kristie Thomas, Financ e Director/Assistant Chief Financial Officer Approved by: Mike Futrell, City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Concurs with:
______________________________________________
Clarissa Cervantes, Chair
Inclusiveness, Community Engagement, and Governmental Processes Committee
Attachments:
1. Resolution R-23976
2. December 12, 2023 - City Council Report
3. Presentation