Meeting: December 17, 2024
1 16 ITEM BY COUNCILMEMBERS DAN HALL, ELLIS RASKIN, AND MAYOR PRO 2 TEMPORE CAROLINE TOROSIS
3 Request of Councilmember Hall, Councilmember Raskin, and Mayor Pro Tempore 4 Torosis that the City Attorney, City Clerk, and City Manager Update the Rules of 5 Order and Procedure, Ordinances, and Resolutions for the Conduct of City 6 Council Meetings and Councilmembers
7 Rules of Order and Procedure for the conduct of City Council meetings and 8 Councilmembers are necessary for the effective, efficient, equitable, and ethical 9 execution of public business in compliance with federal and state law, and local 10 ordinances and resolutions. First Amendment rights of the public and Councilmembers 11 must be balanced with the efficient conduct of meetings to ensure the public may 12 participate and view these meetings. For several years now, Santa Monica City Council 13 meetings have regularly continued late into the night, often past 1 a.m., and at least once 14 until past 4 a.m. While sometimes inevitable due to the volume of business, Council rules 15 and procedures can be modified to ensure Councilmembers and the public can both be 16 heard. Santa Monica stakeholders deserve a Council that operates transparently and 17 effectively, ensuring every voice has the opportunity to be heard. By clarifying procedural 18 guidelines, reducing redundancies, and prioritizing time management, Council meetings 19 can better serve both policymakers and the public. These reforms would encourage 20 greater participation by minimizing delays, offering more predictability in meeting 21 structure, and reducing barriers for residents who want to contribute but face time 22 constraints.
23 Additionally, as society and legal landscapes change, new rules and ordinances 24 must be adopted to react to changes in court rulings, government practices, and 25 Councilmember actions. For example, in response to the U.S. Supreme Court ruling in 26 Snyder v. United States, it is left to states and local jurisdictions to provide legal guidance 27 to elected officials on the acceptance of gratuities. Similarly, some rules have been 28 implemented with a stated goal but, in practice, have caused an unforeseen effect (e.g. 29 Rule 28 was intended to shorten Council meetings, however it has only been 30 implemented once and instead adds time to every Council meeting). Finally, as 31 Councilmembers have interpreted the City Charter in different ways, it is incumbent upon 32 the Council to clarify interpretation, provide guidance, and empower enforcement of our 33 Charter, federal and state law, local ordinances, and Council rules. 34 We propose these rule changes and additions and any other resolution or 35 ordinance necessary to show the public this new Council’s immediate commitment to 36 efficient, equitable, and ethical government, allowing the Council to focus on addressing 37 the city’s most pressing issues with greatest impact. 38 WE THEREFORE MOVE THAT THE COUNCIL:
16 ITEM BY COUNCILMEMBERS DAN HALL, ELLIS RASKIN, AND MAYOR PRO TEMPORE CAROLINE TOROSIS – UPDATE THE RULES OF ORDER AND PROCEDURE
39 1. Direct the City Attorney to return to Council by the next regularly scheduled 40 meeting with a resolution amending the Rules of Order and Procedure for the 41 Conduct of City Council Meetings and repealing Resolution Number 11630 and 42 any other resolution or ordinance necessary to effectuate the following:
43 1.1. Changes to the below rules:
44 1.1.1. Rule 10. Powers and Duties of Presiding Officer. Add 45 nomenclature and rules for spoken titles and references inclusive of 46 the following changes:
47 1.1.1.1. Prohibit the use of the term “Vice Mayor” in lieu of the Charter 48 position Mayor Pro Tempore.
49 1.1.1.2. Clarify that the Councilmember serving in the position of 50 Mayor Pro Tempore shall be referenced as, and use the title 51 of, “Councilmember,” unless actively serving in the capacity of 52 the Presiding Officer during the Council meeting, or acting in 53 lieu of the Mayor in a public forum in the event of disability or 54 extended absence of the Mayor (e.g. representing the City in 55 the official capacity of Mayor while the Councilmember 56 formally serving as Mayor is on vacation, hospitalized, or 57 unable to be reached with reasonable notice, for example). In 58 these instances, the Councilmember serving in the position of 59 Mayor Pro Tempore may use the title and be referenced as 60 such. When possible, the Mayor shall notify the Council, City 61 Manager, City Attorney, and City Clerk of their temporary 62 vacation of duties and assumption of responsibilities by the 63 Mayor Pro Tempore, with advance notice and when they 64 expect to return to full service.
65 1.1.2. Rule 12. Rules of Debate.
66 1.1.2.1. Add a total time limit of ten minutes that each Councilmember 67 may speak on an agenda item, with exceptions for asking 68 questions of introducing Councilmembers (both questioners 69 and respondents) or staff. The ten minutes may be used at 70 once or may be apportioned across debate of an item. If the 71 proposing Councilmember does not save a portion of their 72 time to avail themselves of their privilege of final comment in 73 accordance with Rule 12, Section (f), the Councilmember 74 forfeits their privilege to final comment. This proposed rule 75 shall have the ability to be extended at any time by a 2/3rds 76 vote of the Councilmembers present, and such an extension 77 must apply to all Councilmembers when granted.
78 1.1.2.2. Add a rule that a Councilmember Point of Personal Privilege 79 may not exceed one minute in length.
16 ITEM BY COUNCILMEMBERS DAN HALL, ELLIS RASKIN, AND MAYOR PRO TEMPORE CAROLINE TOROSIS – UPDATE THE RULES OF ORDER AND PROCEDURE
80 1.1.3. Rule 13. Protest Against City Council Action. Add a rule that a 81 Councilmember’s protest statement in opposition may not exceed 82 five minutes in length.
83 1.1.4. Rule 15. Public Testimony. Add a rule that limits Councilmembers 84 to two minutes for any proclamation or commendation (not inclusive 85 of reading the resolution or certificate) and any honoree to two 86 minutes.
87 1.1.5. Rule 19. Voting Procedure. Modify rule for appointments to any 88 committee, board, commission, or equivalent to replace vote process 89 with instantaneous run-off, rank choice voting. Councilmembers may 90 each nominate any applicants they wish to see in consideration. 91 From the dais, Councilmembers shall then rank any nominated 92 applicants they deem fit to serve. Councilmembers shall not be 93 required to rank all nominated applicants. Applicants that fail to 94 receive a nomination shall not be voted on. If only one applicant is 95 nominated, the nominee shall be considered appointed. 96 1.1.6. Rule 28. Adjournment. Remove 11 p.m. limit on new items. 97 1.2. New rules proposed that may either be included in the Rules of Procedure 98 for the Conduct of City Council meeting or separate resolution or ordinance, 99 as appropriate:
100 1.2.1. Resolutions on International Affairs. Add a rule prohibiting the 101 consideration of resolutions regarding international affairs, except for 102 items of support or condolences for natural disasters or other similar 103 tragedies involving Santa Monica’s sister cities.
104 1.2.2. Censure. Add a rule that allows Council, through a majority vote, to 105 formally censure a Councilmember for violation of the law, local 106 ordinance, common law conflicts of interest, or Council rules or 107 resolutions.
108 1.2.3. Use of the City Seal and Other City Symbols. Prepare an 109 ordinance prohibiting the use of the City Seal, official City symbols 110 (e.g. City logo), and facsimiles of City Hall, the Public Safety 111 Administration Building, the Civic Auditorium, the Santa Monica Pier 112 and Pier Sign, Airport Terminal, City owned vehicles (e.g. Big Blue 113 Bus, Police Car, Fire Engine, or Ambulance), or other publicly owned 114 and prominently recognizable buildings or structures on any clothing 115 item, accessory, and paid political advertising advocating for or 116 against the election of candidates or items before Council for all 117 Councilmembers, with the exception of City-provided nametags, 118 items, or accessories, or apolitical 501(c)(3)s such as the Santa 119 Monica Pier Corporation or the Santa Monica Conservancy. This 120 ordinance shall be crafted as such to not prohibit the City or City 121 Departments or sub-divisions thereof, as determined by the City 16 ITEM BY COUNCILMEMBERS DAN HALL, ELLIS RASKIN, AND MAYOR PRO TEMPORE CAROLINE TOROSIS – UPDATE THE RULES OF ORDER AND PROCEDURE
122 Manager, City Attorney, or City Clerk (or Rent Control Agency 123 Executive Director), from creating team gear or items with any of the 124 above.
125 1.2.4. Gifts. Prepare a resolution prohibiting the acceptance of:
126 1.2.4.1. Gifts greater than the amount of $100 in one event or 127 cumulative $590 per year; this limit shall increase in 128 accordance with the FPPC’s CPI adjustment annually. An 129 exception shall exist for gifts received from family members or 130 long-standing friends with whom gifts are regularly exchanged 131 as defined by the FPPC’s guidance on family members. An 132 additional exception shall exist for Councilmembers attending 133 events comped as invited guests of an organization in their 134 official capacity as representatives of the City that are also 135 open to the general public.
136 1.2.4.2. Meals, beverages, snacks, or refreshments greater than the 137 approximate price of a cup of coffee or bottle of water, except 138 as would be provided to any member of the public (e.g. a 139 promotion or discount), or as part of a program of events or 140 conference where the Councilmember is representing the City 141 in their official capacity and all participants receive similar 142 treatment regardless of elected status or jurisdiction (e.g. hors 143 d'oeuvres served at a conference networking cocktail hour). 144 2. Direct the City Clerk to make any appropriate and necessary changes to comply 145 with the above direction.
146 3. Direct the City Manager to make any appropriate and necessary changes to 147 comply with the above direction.
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