City of Santa Clara
Council Policy Manual
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COUNCIL MEETING
PROCEDURES AND PROTOCOLS
PURPOSE In General . These Council Meeting Procedures and Protocols (“Meeting Policies”) are designed to guide and facilitate the conduct of City Council meetings in an open, fair and effective manner. These Meeting Policies were developed using current City policies and practices, the principles and procedures set forth in Rosenberg’s Rules of Order, Revised 2011 (“Rosenberg’s”), and recommendations for updates from City Councilmembers and City Staff.
Relationship to Rosenberg’s Rules of Order. If these Meeting Policies do not contain a rule or procedure that is contained in Rosenberg’s, it is the intent of the City Council that the enumerated procedure in Rosenberg’s shall be referred to for guidance. Only if expressly provided by this policy shall particular provisions of Rosenberg’s be incorporated herein by reference. I n the event of any inconsistency between these Meeting Policies and Rosenberg’s, these policies shall govern. A copy of Rosenberg’s is attached for reference.
Relationship to Other Laws. These Meeting Policies are not intended to limit the l egal authority of the City Council to act on matters within its lawful jurisdiction. Accordingly, while the City Council should follow this policy , any failure to follow this policy shall not invalidate any otherwise lawful City Council action. These policies are also not intended to--and shall not--supersede any applicable meeting conduct or procedural requirements set forth in the City Charter and the Ralph M. Brown Act (“Brown Act”).
Applicability to Other City Boards and Commissions. The City Council intends for these protocols to be used by the City Council and City Boards and Commissions for the management of their public meetings.
POLICY
A. Mayor as Presiding Officer:
1. As provided in the City Charter, the Mayor shall preside at meetings of the City Council and have the authority to preserve order, enforce the r
ules of the City Council, and determine the order of business under the rules of the City Council. [Charter Sections 704 and 704.3(b) and (c)]
2. The responsibilities of the presiding officer shall include: (a) ensuring that debate and discussion of an agenda item focuses on the item and the pol
icy in question; (b) managing public input consistent with applicable la
ws and policies in a fair and consistent manner that allows the efficient conduct of City business; (c) maintaining control of communication DRAFT
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between Councilmembers and among Council, City staff and the public; (d) maintaining public and Council decorum; and (e) assuring compliance with these Meeting Policies, including making determinations on points of order. Such determinations shall be final unless overruled by a majority of the Council.
3. The Mayor shall endeavor to facilitate discussion among Councilmembers and, in general, should defer to other Councilmembers in the making of motions or seconds. That notwithstanding, the Mayor retains the right to fully participate in all Council debate, discussions and decision making.
4. If the Mayor is unavailable to preside at a Council meeting due to their absence or disability, the Vice Mayor shall assume presiding officer duties. [City Charter Section 7.5]
B. Process for Consideration of Agendized Items:
Council consideration of agendized items shall generally proceed as follows:
1. Mayor introduces the item
2. Staff provides any comments, information, or reports, as appropriate,
3. Questions from Councilmembers of City staff1.
4. Public testimony (in accordance with policies set forth below)
5. Councilmembers engage in deliberations and then take action (in accordance with the procedures and protocols set forth below).
C. Public Comment on Agendized and Non-Agendized Items.
1. In General. Consistent with the requirements of the Brown Act, members of the public will be given an opportunity to speak on each agendized item and during the public comment section of the meeting for non-agendized items. This includes closed session items and consent calendar items. Members of the public should direct their questions and comments to the City Council as a body, not to any one member, to City staff or to the audience.
2. Time Limits. [Consistent with City Council Policy 029] for agendized items, speakers will be provided two (2) minutes to make their remarks, and for non-agendized items three (3) minutes. People in attendance [or on-line] may elect to cede their time to another speaker. This should be coordinated in advance through the City Clerk. No speaker may commence their remarks and cede the balance of their time. The maximum amount of time aggregated in this manner shall be ____ [twenty (20)] minutes. In circumstances where there are a large number of speakers, numerous items on the agenda yet to be heard, or items that are anticipated to be lengthy, in the interest of making sure everyone has an opportunity to speak, the Mayor may reduce the
1 Note: Council comments at this point should be limited to questions only. Council opinions should be reserved for deliberations following input from the public.
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amount of time allocated to each speaker. Any such reduction shall be applied consistently to all speakers for that item. For example, if there are more than 10 speakers, the presiding officer may propose to reduce the time for each speaker to one minute instead of two.
3. Questions of Speakers. At the conclusion of public comments, City Councilmembers may request, through the Mayor, to ask questions of a public speaker. Councilmembers shall be respectful of and not debate public speakers. Public speakers may decline to answer Council questions.
4. One Opportunity to Speak. Once a member of the public has spoken, except under special circumstances at the discretion of the Mayor, or where rebuttal testimony is expressly authorized or required under the City code or applicable due process laws, that speaker shall not be afforded additional time to speak.
5. Disruptive or Unruly Behavior Not Allowed. While the public may speak their opinions on City business, the presiding officer is authorized and required to maintain order and decorum consistent with the [City’s Behavioral Standards for Public Meetings.]
6. Special Rules for “Public Presentations” for Non-Agendized Items.
Public testimony for non-agendized items must be presented during the designated slot for such testimony designated on the agenda (currently, “Public Presentations”). Councilmembers should not deliberate on any matter raised, although brief questions may posed to the speaker. No substantive action may be taken on any matter raised, although, by consensus, the matter may be referred to City staff for follow up. In the event that [ten (10)] or more speakers request to speak on a particular topic, in addition to limiting the time for each speaker, the Mayor shall have the discretion to limit the total amount of time afforded speakers during the initial round of Public Presentations, and trail a second round of Public Presentations speakers until the end of the Council meeting.
D. Council Discussions and Deliberations:
1. In General. Discussion and deliberations among Councilmembers are integral to the decision-making process. These rules are designed to facilitate that process in an fair and effective manner, and to assure every member a reasonable and equal opportunity to be heard.
2. Procedures
a. Commencement of Deliberations. Council deliberations shall commence after the completion of public testimony. A motion for proposed action on an item is not required for Councilmember deliberations to commence. The Councilmember seeking to commence deliberations, or to make a statement regarding the item, shall first obtain City of Santa Clara
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recognition from the Mayor. Additional Councilmember questions of City staff (or any applicant) may also be posed at this time.
b. Taking Turns: If one or more Councilmembers has
already spoken, all other Councilmembers wishing to speak should first be recognized and given an opportunity to speak, before returning to those that have already To encourage the full participation of all members of the Council, no member or members should monopolize the discussion of the question.
c. Discussions Limited to Pending Question.
Councilmember is given the floor only for the purpose of discussing the pending question; any extended discussion which departs from the subject matter before the Council is out of order.
d. Through the Mayor. Councilmembers should address
comments to the Mayor (as the Presiding Officer), not directly to other members to assist with maintaining order and civility.
3. Protocols:
a. Relevancy of Discussion. All discussion should be relevant to the issue before the City Council. Councilmembers should avoid diversions to unrelated topics and strive to move the discussion along. Arguments, for or against a matter, should be stated as concisely as possible. The Mayor will preside over these matters and may intervene to minimize repeated and off-topic remarks.
b. No personal attacks. A motion, its nature, or consequences, may be debated vigorously. However, it is never permissible to attack the motives, character, or personality of a member either directly or by innuendo or implication. It is the duty of the Mayor to instantly rule out of order any Councilmember who engages in personal attacks. It is the motion, not its proposer, that is subject to debate.
c. Duty to Maintain an Open Mind. It is the responsibility of each Councilmember to maintain an open mind on all issues during discussion and deliberation.
d. Avoid Repetition. It is not necessary for all City Councilmembers to speak or give their viewpoints if another Councilmember has already addressed their concerns.
e. Interruptions. Councilmembers shall not interrupt or otherwise disturb the speaker.
4. Mayor’s Duties During Discussion. The Mayor has the responsibility of managing and expediting Council discussion and deliberations. It is the City of Santa Clara
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duty of the Mayor to manage compliance with all applicable procedures and protocols, keep the subject clearly before the members, to discourage any extended discussion not relevant to the subject, and to restate the question whenever necessary.
E. Motions, Seconds and Action
In General. No motion shall be taken until after public comment is received. All motions, except nominations, require a second. The two primary categories of motions are “main motions” and “secondary motions.” A description and the procedures for these are set forth below.
Main Motion Procedures
(1) Get the Floor. A Council member should seek permission of the presiding officer before making a motion.
2) State the Motion. A motion is made by a Council member (the "maker'') stating his or her proposal. Longer proposals can be written.
3) Second Required. Any other Council member (including the presiding officer) who supports the proposal (or who simply wishes it to be considered) may "second" the motion without first being recognized.
4) Lack of a Second. If there is no second stated immediately, the presiding officer should ask whether there is a second. If no Council Member seconds the motion the matter will not be considered.
5) Maker’s Right to Withdraw Motion. Prior to or during debate and discussion of a motion the maker of the motion may interrupt discussions and withdraw their motion from the floor. The motion is immediately deemed withdrawn, although the presiding officer may ask the person who seconded the motion if they wish to make the motion, and any other Councilmember once properly recognized may make the motion.
6) Discussion. The maker shall be the first Council member recognized to speak on the motion if it receives a second. The seconder shall be the second Council member to speak on the motion. Generally Council members will speak only once with respect to a motion , but there
is no formal limit on the number of times a Councilmember may speak. If the presiding officer or Council permits any Council member to speak more than once on a motion, all Council members shall receive the same privilege. (See Council Discussion and Deliberations Procedures and Protocols, above)
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7) “Friendly” Amendments. Any Councilmember may propose a “friendly” amendment to a pending motion, whether such motion has been seconded or not. If the maker of the motion (and the second, if the motion has been seconded), agree to the amendment, no formal vote shall be required by the Council for such “friendly amendment” to be substituted for the original motion.
8) Amendment Motions. Once a motion has been seconded any Councilmember may move to amend the motion. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. If seconded, the motion to the amend takes precedence over the main motion.
9) Substitute Motions. Once a motion has been seconded any Councilmember may move to make a substation motion. Unlike a motion to amend, the substitute motion seeks to replace the main motion with a something materially different. If seconded, the motion to the amend takes precedence over the main motion.
10) Motion Transcribed. Prior to any vote, the Clerk shall transcribe the motion so that Council members, the public and staff can read it.
11) Action. After discussion is complete the Council will vote on the motion under consideration. A simple majority vote of the Council (four votes) will be sufficient to adopt a motion unless otherwise required by law or this policy.
12) Multiple Motions. There can be up to three motions on the floor at the same time. When there are two or three motions on the floor, the vote should proceed first on the last motion that is made. (See Rosenberg’s p. 5 on the process for managing multiple motions. Such process is incorporated herein by reference.)
13) Failed Motions; Reconsideration. If a motion fails to receive the number of votes required, that motion fails. If further action is needed or desired, the Council may continue to deliberate and make another motion or motions until action is taken. Once the Council has approved a motion, no further discussion shall be made unless a motion is made for reconsideration under City Council Policy 042.
Secondary Motion Procedures
The Council recognizes the following secondary motions may be considered while a main motion is pending. These motions shall have precedence in the order listed below. This means that a secondary motion that is higher on the list will be considered ahead of a pending secondary motion that is lower on the list:
The purpose of the allowed secondary motions is summarized in the City of Santa Clara
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following text and table.
1) Fix the time to which to adjourn. This motion sets a time for continuation of the meeting. It requires a second, is amendable and is debatable only as to the time to which the meeting is adjourned.
2) Adjourn. This motion ends the meeting or adjourns it to another time. It requires a second and is not debatable except to set the time to which the meeting is adjourned, if applicable. A motion to adjourn shall be in order at any time, except as follows: (a) when repeated without intervening business or discussion; (b) when made as an interruption of a member while speaking; (c) when the previous question has been ordered; and (d) while a vote is being taken.
3) Take a recess. This motion interrupts the meeting temporarily. It is amendable but is not debatable.
4) Raise a question of personal privilege. This motion allows a Council Member to address the Council on a question of personal privilege and shall be limited to cases in which the Council Member's integrity, character or motives are questioned or when the welfare of the Council is concerned. The maker of the motion may interrupt another speaker if the presiding officer recognizes the "privilege." The motion does not require a second, is not amendable and is not debatable.
5) Motion to table/continue. This motion is used to interrupt business for more urgent business or to defer action to a later date at the request of an applicant, City staff, or a Councilmember in order to obtain additional information. The later date for consideration may be specified, but need not be. A motion to table or continue an item 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 shall be re-agendized for further consideration.
6) Previous question. This motion "calls the question" by closing debate on the pending motion. A motion for previous 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 motion for previous question fails, debate is reopened; if motion for previous question passes, then vote on the pending motion. A motion for previous question requires a two-thirds vote of those Council members present and voting.
7) Limit or extend debate. This motion limits or extends the time for the Council or any Council Member to debate a motion. It requires a second, is amendable and is not debatable. The motion requires a two- thirds vote of those Council members present and voting.
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9) Refer to a city agency, body, committee, board, commission or officer. This motion sends a 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. It requires a second, is amendable, and is debatable only as to the propriety of referring. The substance of the subject being referred shall not be discussed at the time the motion to refer is made.
F. Decorum: At all times during the Council meeting, the City Council shall maintain a professional and respectful tone during discussions and avoid personal attacks or disrespectful language. Reference should be made to the City Code of Ethics and Values Behavioral Standards for Councilmembers for additional standards for behavior and decorum.
G. Enforcement of Rules and Appeals: As the presiding office of the meeting, the Mayor may raise points of order to address violations of meeting rules, with a right for an appeal from the majority of the City Council. An appeal shall be initiated first by inquiry, and if not resolved, by formal motion. The motion must be seconded, is subject to debate. If approved by majority vote, the ruling of the presiding officer is reversed.
Questions regarding applicable rules or questions of interpretation may be presented to the City Attorney for input or advice. The interpretations and the application of rules to meetings shall be based on (1) the legal requirements of the Brown Act, and other applicable laws (e.g., free speech and, due process requirements, federal and state procedural requirements for certain types of actions, and City’s own procedural requirements; (2) applicable rules and procedures set forth in Rosenberg’s, (3) past City patterns and practices of conduct, and (4) “best practices” derived from other sources, including generally accepted practices of conduct among City Councils throughout the state.
H. Other Relevant Policies.
The following City Council Policies also provide rules relative to the conduct of City Council meetings: 029 – Time Limits for Speakers at Council; 030 - Adding an Item on the Agenda; and 042 – Reconsideration of Council Action; and City of Santa Clara Program in Ethics & Values, Behavioral Standards for Councilmembers.
Reference:
Council Policy Approved <DATE>