CITY OF SAN JACINTO RULES OF DECORUM POLICY
1 CITY OF SAN JACINTO RULES OF DECORUM POLICY
PURPOSE
The purpose of this City of San Jacinto Rules of Decorum Policy (the “Policy”) is to promote mutual respect, civility, and orderly conduct among elected and appointed City officials, City staff, and members of the public and to promote and maintain the highest standards of personal and professional conduct in the City's governance. While recognizing there are differing opinions and styles, and disagreement is sometimes a part of the public process, the City Council acknowledges and values its duty to model ethical and civil behavior for City staff and members of the public. City Council decisions and work, therefore, must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this Policy.
SCOPE
This Policy applies to the City Council and any other affiliated entity (now or later established) comprised, in whole or in part, by a majority of the City Council. This Policy also applies to any commission, committee, or board of the City. This Policy shall be in addition to the procedures for decorum and order during public meetings in the City of San Jacinto City Council Orientation & Procedures Handbook (the “Procedures Handbook”).
RULES OF DECORUM
1. General Standards of Conduct at Public Meetings.
The City holds numerous public meetings, such as meetings of the City Council and City commissions, boards and committees (hereinafter "Public Meetings"). In order to safeguard participatory democracy in San Jacinto, all City elected officials, appointed officials and employees, along with members of the public, are expected to adhere to the following standards of conduct:
• Treat everyone courteously;
• Listen to others respectfully;
• Exercise self-control and avoid threats of violence and loud, insulting, demeaning, or offensive communications;
• Give open-minded consideration to all viewpoints;
• Focus on the issues and avoid personalizing debate; and • Embrace respectful disagreement and dissent as democratic rights that are inherent components of an inclusive public process and tools for forging sound decisions and allow all members of the public to speak without intimidation or interruption.
CITY OF SAN JACINTO RULES OF DECORUM POLICY
2 2. Presiding Officer at Public Meetings.
(a) The Mayor of the City Council shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and Mayor Pro Tem, the City Council shall select a temporary Presiding Officer to serve until the arrival of the Mayor or the Mayor Pro Tem or until adjournment, whichever first occurs. The Presiding Officer shall, among other things, do the following:
• Maintain order and decorum at all City Council meetings. • State (or cause to be stated) each question coming before the City Council. • Determine all points of order subject to the right of any Councilmember to appeal to the City Council.
• Announce the decisions of the City Council on all subjects. • Enforce the provisions of this Policy.
(b) The Presiding Officer shall refer to “Rosenberg’s Rules of Order” to decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by majority vote of the Councilmembers present and voting.
3. Rules of Decorum For Councilmembers at Public Meetings. (a) Councilmembers shall preserve order and decorum. No Councilmember shall delay or interrupt the proceedings of the City Council or disturb any member of the public while he or she is properly recognized and addressing the City Council. (b) Councilmembers shall treat everyone with respect by actively listening to other viewpoints, and not interrupting, ignoring, or belittling the contributions of others.
Councilmembers will use professional language.
(c) Councilmembers shall not engage in any abusive or vulgar language and shall avoid personal attacks on any other member of the City Council, City staff or the public; nor shall they publicly impugn the integrity or honesty of such individuals. (d) Councilmembers desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine themselves to the question under debate. (e) Once recognized by the Presiding Officer, a Councilmember shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Councilmember, or unless the speaker chooses to yield to questions from another Councilmember.
(f) If a Councilmember is called to order, that Councilmember shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be
CITY OF SAN JACINTO RULES OF DECORUM POLICY
3 permitted to proceed. If ruled to not be in order, he or she shall remain silent or shall alter his or her remarks so as to comply with the rules of the City Council. (g) Councilmembers desiring to question City staff shall address their question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry themselves or designate some member of City staff for that purpose. (h) Discussion by Councilmembers must relate to the subject matter at hand and shall be relevant and pertinent to allow for the expeditious disposition and resolution of the business before the City Council.
(i) Councilmembers shall make impartial decisions in the best interest of the City, free of narrow political interests, financial, and other personal interests that impair independence of judgment or action, and are consistent with, but not limited to, the requirements of the Political Reform Act and other State and local laws.
(j) Councilmembers must allow for adequate discussion of the minority point of view. Councilmembers shall recognize and accept legitimate differences of opinion.
Councilmembers shall act with integrity in accepting, supporting, and defending the City Council. Once the City Council takes action, Councilmembers should commit to supporting said action and not create barriers to the implementation of said action. (k) Councilmembers shall respect confidences and information designated as "confidential" and not disclose information received during any Closed Session of the City Council held pursuant to State law.
(l) Any Councilmember may move to require the Presiding Officer to enforce the rules of decorum and order, and the affirmative vote of a majority of the City Council shall require the Presiding Officer to do so.
4. Rules of Decorum For Councilmembers While in Office.
Councilmembers have a duty to:
(a) Prepare for meetings by understanding the background, purpose, and arguments for and against items of business.
(b) Seek background information about agenda items and operational matters by contacting the City Manager and providing adequate notice of issues that arise before meetings, including, but not limited to, a potential conflict of interest with an agenda item. (c) Avoid making individual pronouncements and public conjectures outside of City Council meetings about the City on matters not yet decided by the City Council. (d) Abide by and defend all applicable laws and policies, especially the political campaign, lobbying, and conflict of interest laws enforced by the Fair Political Practices Commission, State laws, and the Procedures Handbook.
CITY OF SAN JACINTO RULES OF DECORUM POLICY
4 (e) Safeguard the ability to make independent, objective, fair and impartial judgments by scrupulously avoiding financial and social relationships and transactions that may compromise, or give the appearance of compromising, objectivity, independence, and honesty. (f) Carefully consider if exceeding or appearing to exceed authority of office for personal or financial gain. When in doubt, avoid actions that create, in the mind of a reasonable observer, the appearance of impropriety, ethical lapses, legal violations, or actions inconsistent with this Policy.
(g) Deter rumors and misunderstandings by making factual information available, answering questions directly, telling the truth, and admitting to a lack of knowledge if necessary. (h) Refrain from making unauthorized commitments or promises of any kind purporting to bind the City. Refrain from any gratuitous comments that may harm the City's position in litigation or potential litigation.
(i) Refer citizen complaints to the City Manager.
(j) Refrain from using status as a public office holder to influence the outcome of a community meeting or purport to represent the City Council as a whole unless otherwise authorized to by the majority of the City Council. Remain a neutral observer, indicating when expressing personal opinions, and referring questions related to City policies to the City Manager.
(k) Refrain from contacting City staff directly, questions to City staff should be channeled through the City Manager so that appropriate lines of communication are open and effectively utilized.
(l) Utilize City resources, including but not limited to, equipment, supplies, staff time, telephones, and computers in a manner consistent with City policies, the Political Reform Act, and State laws.
VIOLATIONS OF POLICY
1. Presiding Officer.
The Presiding Officer shall request that a Councilmember who is breaching the rules of decorum be orderly and comply with this Policy. If after receiving a warning from the Presiding Officer the Councilmember fails to comply with this Policy, the Presiding Officer may agendize an item for the next meeting of the City Council to discuss the conduct and have the City Council determine if the conduct is in violation of this Policy. If a majority of the City Council by affirmative vote determines the conduct was in violation of this Policy, the majority of the City Council may impose by affirmative vote any of the following remedial actions:
• Issue a letter of warning from the City Council;
• Adopt a resolution expressing disapproval of the conduct of the Councilmember and censure by the City Council;
CITY OF SAN JACINTO RULES OF DECORUM POLICY
5 • Remove the Councilmember from their position on City committees or revoke their appointment to other agency committees; or
• Remove the Councilmember from their position as Mayor or Mayor Pro Tem, as applicable, and select a successor to such office pursuant to the selection procedure established in the Procedures Handbook.
2. Motion to Enforce.
If the Presiding Officer fails to enforce the rules set forth above, any Councilmember may move the City Council to require the Presiding Officer to do so, and an affirmative vote of a majority of the City Council shall require him or her to do so. If the Presiding Officer of the City Council fails to carry out the will of a majority of the City Council, the majority of the City Council may designate another member of the City Council to act as Presiding Officer for the limited purpose of enforcing any rule of this Policy which it wishes enforced.