City Council Member Handbook
City of Union City
City Clerk’s Office
Table of Contents
CHAPTER 1 – MAYOR AND CITY COUNCIL......................................................................6 INTRODUCTION....................................................................................................................6 ADHERENCE TO COUNCIL HANDBOOK............................................................................6 CONSEQUENCES FOR VIOLATING THE HANDBOOK......................................................6 COUNCILMEMBERS CODE OF ETHICS FOR THE CITY OF UNION CITY .......................6 COUNCIL GOALS AND PRIORITIES..................................................................................10 GENERAL POWERS AND RESPONSIBILITIES OF THE CITY COUNCIL........................10 DISTRICTS ..........................................................................................................................10 POWERS AND DUTIES OF THE MAYOR..........................................................................11 NOMINATION AND ROLE OF THE VICE MAYOR.............................................................11 POWERS AND DUTIES OF THE COUNCIL.......................................................................11 TERM OF OFFICE...............................................................................................................11 VACANCIES ........................................................................................................................11 COUNCIL SERVING AS MEMBERS OF OTHER AGENCIES............................................12 APPOINTMENTS TO ADVISORY BOARDS.......................................................................12 INCOMPATIBLE OFFICE OR EMPLOYMENT....................................................................12 OUTSIDE GOVERNMENTAL APPOINTMENTS...................Error! Bookmark not defined.
MAYOR/COUNCIL COMPENSATION.................................................................................12 SERVICE AWARDS, RECOGNITIONS, AND PROCLAMATIONS POLICY.......................12 POLICY GOVERNING EXPENSES OF THE CITY COUNCIL............................................13 DISCRETIONARY FUNDS ..................................................................................................13 CHAPTER 2 – MEETINGS..................................................................................................15 REGULAR MEETINGS........................................................................................................15 SPECIAL MEETINGS ..........................................................................................................15 CLOSED SESSIONS...........................................................................................................15 LEGISLATIVE BREAK.........................................................................................................15 MEETING NOTICES............................................................................................................15 MEETING ATTENDANCE ...................................................................................................16 RULES OF ORDER .............................................................................................................16 WHAT CONSTITUTES A QUORUM ...................................................................................16 PUBLIC PARTICIPATION....................................................................................................16 COUNCIL ACTIONS............................................................................................................16 TIE VOTES ..........................................................................................................................16 ABSTENTIONS AND RECUSALS.......................................................................................16 PRESIDING OFFICER DUTIES ..........................................................................................17 MAINTENANCE OF ORDER...............................................................................................17 PROCESSION OF MOTIONS .............................................................................................17 BUSINESS ITEMS OUT OF ORDER ..................................................................................17 DIVISION OF QUESTION....................................................................................................17 MOTION TO FIX THE HOUR OF ADJOURNMENT............................................................18 MOTION TO TABLE ............................................................................................................18 MOTION TO LIMIT OR TERMINATE DISCUSSION...........................................................18 MOTION TO AMEND...........................................................................................................18 CHAPTER 3 – AGENDA .....................................................................................................19 ORDER OF BUSINESS.......................................................................................................19 AMENDED AGENDA...........................................................................................................19 DISTRIBUTION OF AGENDA..............................................................................................19 PUBLIC HEARINGS ............................................................................................................19 CONSENT CALENDAR.......................................................................................................20 CHAPTER 4 – CONFLICTS, LIABILITY, AND DECORUM................................................21 CONFLICT OF INTEREST ..................................................................................................21 POLITICAL REFORM ACT..................................................................................................21 EX-PARTE COMMUNICATIONS.........................................................................................21 AB 1234 – ETHICS TRAINING............................................................................................22 AB 1825 & AB 1661 – SEXUAL HARRASSMENT PREVENTION TRAINING....................22 SB 827 – FISCAL & FINANCIAL TRAINING .......................................................................22 DECORUM AND ORDER – COUNCILMEMBERS..............................................................22 DECORUM AND ORDER - EMPLOYEES...........................................................................23 DECORUM AND ORDER – PUBLIC...................................................................................23 ENFORCEMENT OF DECORUM........................................................................................23 PROCEDURES IN ABSENCE OF RULES..........................................................................24 RULINGS OF CHAIR FINAL UNLESS OVERRULED.........................................................24 CHAPTER 5 – ADMINISTRATION......................................................................................25 ADMINISTRATIVE SUPPORT.............................................................................................25 EMAIL AND VOICEMAIL .....................................................................................................25 MAIL.....................................................................................................................................25 COUNCIL OFFICE...............................................................................................................25 POLICY DEVELOPMENT....................................................................................................25 POLICYMAKING..................................................................................................................26 STAFF ROLE.......................................................................................................................26 ADMINISTRATION AND MANAGEMENT...........................................................................27 APPOINTMENT OF CITY MANAGER.................................................................................27 CITY MANAGER CONDUCT AT MEETINGS .....................................................................28 APPOINTMENT OF THE CITY ATTORNEY .......................................................................28 DEPARTMENTS AND DIVISIONS ......................................................................................28 NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE..............................................28 NEPOTISM ..........................................................................................................................28 POLITICAL ACTIVITY..........................................................................................................28 CHAPTER 6 – COMMUNICATIONS...................................................................................30 MEMBERS OF THE PUBLIC ADDRESSING THE COUNCIL AT MEETINGS ...................30 COUNCILMEMBER DELIBERATIONS ...............................................................................30 CORRESPONDENCE FROM THE PUBLIC........................................................................30 USE OF CITY LETTERHEAD OR CITY SEAL....................................................................31 COMMUNICATIONS WITH STAFF.....................................................................................31 CHAPTER 7 – RESOLUTIONS, ORDINANCES AND MINUTE ORDERS .........................32 METHOD OF ACTION.........................................................................................................32 ORDINANCES AND RESOLUTIONS – READING .............................................................32 RESOLUTIONS – ADOPTION/EFFECTIVE DATE .............................................................32 ORDINANCES – ADOPTION ..............................................................................................32 ORDINANCES – ALTERATION PROHIBITED....................................................................32 ORDINANCES – EFFECTIVE DATE...................................................................................32 ORDINANCES AND RESOLUTIONS – AUTHENTICATION ..............................................32 ORDINANCES – MAINTENANCE OF.................................................................................33 COMPREHENSIVE CODES................................................................................................33 CHAPTER 8 – COUNCIL COMMITTEES............................................................................34 STANDING COMMITTEES..................................................................................................34 COUNCIL COMMITTEE MEETINGS...................................................................................34 APPENDIX [insert] – GUIDELINES FOR COUNCIL MEMBER CORRESPONDENCE....36 PURPOSE OF THE GUIDELINES.......................................................................................36 GUIDELINES .......................................................................................................................36 APPENDIX [insert] – GUIDELINES REGARDING COUNCIL SUPPORT FOR OR OPPOSTION TO BALLOT MEASURES (attach)...............................................................37 APPENDIX E – UNION CITY SISTER CITY AND FRIENDSHIP CITY GUIDELINES........38
CRITERIA FOR ESTABLISHING A SISTER CITY AND FRIENDSHIP CITY AFFILIATIONS .............................................................................................................................................38 SISTER CITY SELECTION CRITERIA................................................................................38 FRIENDSHIP CITY SELECTION CRITERIA.......................................................................38 COMMUNITY INVOLVEMENT ............................................................................................38 RESPONSIBILITIES OF THE CITY OF UNION CITY.........................................................39 CITY OFFICIAL VISITS TO SISTER CITIES AND FRIENDSHIP CITIES...........................39 GIFTS...................................................................................................................................39 CITY COUNCIL MEMBER HANDBOOK ACKNOWLEDGEMENT ....................................41
CHAPTER 1 – MAYOR AND CITY COUNCIL
INTRODUCTION
The City Council Handbook includes rules and policies approved by the City Council. The objectives of the handbook are to:
1. Serve as a reference document for the City Council.
2. Provide comprehensive orientation information for new City Council Members; and
3. Enable the City Council to compile and maintain operational practices that are agreed upon effectively.
Administration of City Council affairs is greatly enhanced by the agreement of the City Council and staff to be bound by these rules. While aiming not to be overly restrictive, rules are established to clearly articulate expectations and practices to guide Council Members in their actions.
ADHERENCE TO COUNCIL HANDBOOK
Any of the rules herein may be waived by a super majority (4/5) vote of the Council Members when it is deemed that there is good cause to do so based upon the particular facts and circumstances, unless legally impermissible to do so under federal, state, or local law.
The rules and policies contained herein may be amended by a majority vote of the City Council and adopted by Council resolution. The handbook may be amended administratively by the City Clerk’s Office when the council has already taken action, to remain current with federal, state, and local law.
CONSEQUENCES FOR VIOLATING THE HANDBOOK
Violations of the rules and policies outlined in this handbook may result in disciplinary action, as determined by the City Council.
COUNCILMEMBERS CODE OF ETHICS FOR THE CITY OF UNION
CITY
As elected representatives of the City of Union City, members of the City Council hold a unique position of public trust. The actions and decisions of Council Members must reflect the values of the City and its residents. This Code of Ethics guides the behavior of Council Members and promotes integrity, accountability, and transparency in all aspects of their duties. It will guide the conduct of elected and appointed officials, staff, and members of the City Council, boards, and commissions:
1. Public Service and Integrity
Public officials must always conduct themselves with the highest standards of honesty and integrity. They are entrusted with the responsibility to act truthfully in both their public and private actions. Public officials must provide accurate, complete, and truthful information in all communications and decision-making processes. Misleading or false statements, whether intentional or inadvertent, undermine public trust and erode the integrity of local government. Officials must be transparent and forthright in all matters, ensuring that their actions align with their words and that they fulfill their duties truthfully and dependably.
2. Act in the Public Interest
Public officials must prioritize the welfare and interests of the people of Union City above all else. They are entrusted to serve the common good, ensuring fair and equal treatment for all individuals, organizations, and transactions that come before the City Council, boards, or commissions.
3. Compliance with Laws and Policies
Public officials must adhere to both the letter and spirit of all laws and policies governing the operation of local government, including but not limited to:
• The U.S. Constitution, the California Constitution, and the Union City Municipal Code.
• Laws regarding conflicts of interest, election campaigns, financial disclosures, and open meetings.
• All other applicable ordinances and policies of the City of Union City.
4. Accountability
Public officials are accountable to the citizens of Union City. They shall:
• Fulfill their responsibilities in a manner that is consistent with their oath of office.
• Be open and transparent about their actions, decisions, and motivations. • Regularly communicate with their constituents to ensure their concerns are heard and addressed.
5. Professional and Personal Conduct
The conduct of public officials, both professional and personal, must be above reproach. They must avoid even the appearance of impropriety and refrain from engaging in abusive conduct, personal attacks, or defamatory remarks against fellow members of the Council, boards, commissions, staff, or the public.
Council Members are expected to maintain personal conduct that upholds the dignity of their office. They shall:
• Avoid engaging in actions or speech that would undermine public confidence in the Council or the City.
• Act with professionalism in all interactions, including social media and public forums.
• Refrain from actions or behaviors that could discredit the Council or the City.
6. Fiscal Responsibility
Council Members shall act as stewards of public resources, ensuring that taxpayer money is spent wisely and efficiently. They shall:
• Make budgetary and financial decisions based on the long-term health and welfare of the community.
• Avoid using public resources for personal or political gain. • Support policies that encourage sustainable growth and responsible financial planning.
7. Ethical Leadership
Council Members shall lead by example in promoting ethical behavior within the City government. They shall:
• Hold themselves and others to the highest ethical standards. • Seek opportunities to improve government practices and public trust. • Be diligent in addressing unethical conduct by any public official or employee.
8. Respect and Civility
Council Members shall treat all individuals—fellow Council Members, City staff, and the public—with the utmost respect and courtesy. They shall:
• Engage in open, respectful, and constructive debate, valuing diverse perspectives.
• Avoid personal attacks, inflammatory language, or any behavior that disrupts the order and civility of public discourse.
• Demonstrate active listening, consider all viewpoints, and collaborate in good faith to achieve the best outcomes for the community. • Foster an environment in which all participants feel safe and respected, promoting mutual understanding and cooperation.
9. Engagement with the Public
Councilmembers shall engage with the public in ways that promote inclusivity and civic participation. They shall:
• Actively seek feedback from constituents on key issues. • Encourage public involvement in Council meetings, hearings, and community events.
• Provide clear, honest, and accessible information regarding Council actions and decisions.
10. Respect for Processes
Public officials must respect and follow the established procedures, rules of order, and guidelines for conducting business within the City Council, boards, and commissions. They must encourage public participation, ensure transparency, and support the effective implementation of City policies by staff.
11. Conduct of Public Meetings
Public officials must be prepared for public meetings, listen attentively, and focus on the matter at hand. They must refrain from interrupting speakers, making personal comments unrelated to the agenda, or engaging in behavior that disrupts the orderly conduct of meetings.
12. Decisions Based on Merit
Decisions must be made based on the merits and substance of the issue being considered, rather than personal interests, political pressures, or unrelated factors.
13. Communication and Disclosure
Public officials must disclose all relevant and substantive information received from external sources that may impact public decision-making. They must ensure that all communications regarding City business are transparent and publicly shared.
14. Conflict of Interest
Public officials must avoid any conflicts of interest, whether real or perceived, in the performance of their duties. They should not use their official position to influence decisions in which they have a personal or financial interest. Officials must disclose any potential conflicts and recuse themselves from related discussions and decisions, as required by law.
15. Gifts and Favors
Public officials shall not accept gifts, favors, or other benefits that could influence their decision-making or give the appearance of a conflict of interest.
They must avoid using their public office for personal gain and refrain from soliciting or accepting gifts that could compromise their impartiality.
16. Confidential Information
Public officials must respect the confidentiality of information relating to the City's affairs, property, and personnel. They shall not disclose confidential information without proper authorization, nor shall they use such information for personal, financial, or private gain.
17. Use of Public Resources
Public officials shall not misuse public resources, such as City staff time, equipment, facilities, or funds, for personal gain. These resources should be used only for official City business, not for private or political purposes.
18. Representation of Private Interests
Public officials must refrain from representing the private interests of third parties before the City Council, boards, or commissions. They must not advocate on behalf of personal or private interests in proceedings that involve the City.
19. Advocacy
Public officials must clearly distinguish between their personal views and the official stance of the City Council or other bodies. When acting as a representative or delegate, they must express the City's official policies or positions to the best of their ability, without allowing personal opinions to be misrepresented as official.
20. Policy Role of Members
Public officials must respect the City’s council-manager governance structure.
The City Council determines City policy, while the City Manager and staff execute those policies. Public officials should not interfere with City staff's professional duties or undermine their ability to implement decisions made by the City Council.
21. Independence of Boards and Commissions
Public officials must respect the independence of boards and commissions.
They must refrain from using their positions to influence or pressure board members or to influence commission deliberations and decisions.
22. Positive Work Environment
Public officials should foster a positive, respectful, and constructive work environment for City employees, residents, and businesses. They must avoid inappropriate interference with staff's professional duties and recognize the importance of treating everyone involved with the City with courtesy and respect.
By adhering to this Code of Ethics, officials in Union City will contribute to a government that is fair, transparent, and accountable to the public. This will help build trust and confidence in the City’s leadership and ensure that decisions are made with the highest standard of integrity.
COUNCIL GOALS AND PRIORITIES
Goal setting requires time, energy, and a well-defined process. City Council planning workshops are held with the City Manager and the City’s senior management team to review progress on previously set goals, establish priorities, and define new goals and objectives for the City. The following are the advantages of setting goals:
Goal setting gives the Council a basic framework for action Goal setting helps the Council spend its time more wisely Goal setting provides a framework to present individual priorities Goal setting gives the City Manager clear guidelines to get the job done Goal setting gives the Council and staff essential budget guidelines Goal setting gives the Council an evaluation tool
While goal setting will not resolve all of the City’s problems, it will help define issues and solutions over the long term.
GENERAL POWERS AND RESPONSIBILITIES OF THE CITY
COUNCIL
Union City is a general law city governed by a five-member City Council. The elected officers of the City consist of a Council of four members and the Mayor. All Council Members and the Mayor are elected by the registered voters of the City at large. One Council Member shall be elected from each Council Member district.
The City Council is the City's legislative body; its members are the community’s decision-makers.
Power is centralized in the elected Council as a whole, not in individual members. The Council approves the budget and determines the public services to be provided, as well as the taxes, fees, and assessments to pay for them. It focuses on the community’s goals, major projects, and long-term considerations such as community growth, general plan, land use and development standards, capital improvements, financing, and strategic planning. The Council appoints a professional City Manager to carry out the policy and administrative responsibilities.
Council Members are not full-time City officials and do not manage the day-to-day operations of the City. The City Manager does this under the direction of the City Council. Members of the City Council, except for the mayor, are elected on a district-based electoral system from four singlemember City Council districts. The Mayor is elected at-large by the electorate on a non-partisan ballot. The five Councilmembers serve overlapping four-year terms. Neither the Mayor nor any member of the City Council shall serve in the same office for more than three consecutive terms.
As the governing body of the community, the City Council carries out its policy-making at meetings held in the City Hall Council Chambers, located at 34009 Alvarado-Niles Road, on the second and fourth Tuesdays of every month, commencing at 7:00 p.m. The primary purpose of City Council meetings is to conduct City business. City Council meetings are conducted in compliance with the Ralph M. Brown Act (Gov. Code § 54950), which requires City Council meetings to be open to the public except under specific circumstances where closed session meetings are authorized.
DISTRICTS
There are four representative districts, numbered one through four as provided for in the Union City Municipal Code. The boundaries of Councilmember districts shall be those established in accordance with the redistricting process for the Federal Decennial Census and applicable provisions of the California Elections Code and adopted by ordinance of the Council. Each district consists of a geographically compact contiguous territory and shall contain, as nearly as possible, equal numbers of residents. No change in district boundaries shall operate to disqualify an incumbent from office before the expiration of the term for which such person was elected or appointed.
POWERS AND DUTIES OF THE MAYOR
The Mayor shall be the political head of the City. The Mayor shall:
(a) Recommend City policy;
(b) Recommend to the Council appropriate and necessary legislation; (c) Recommend programs for the physical, economic, social, and cultural development of the City;
(d) Be responsible for public relations activities and represent the City for ceremonial purposes;
(e) Represent the City in intergovernmental relations, personally or by delegated representative, at the direction of the Council;
(f) Preside at meetings of the Council;
(g) Establish and dissolve ad hoc committees, subject to approval by the Council; (h) Provide leadership and marshal citizen participation in City activities; (i) Report to the public from time to time on the affairs of the City; (j) Possess the authority and attributes of a Council Member; (k) Possess such authority and perform such duties as are granted or required by state law or the Council.
NOMINATION AND ROLE OF THE VICE MAYOR
The City Council shall meet on the second Tuesday in December following a consolidated municipal election in November, for the purpose of administering the oath of office to newly elected Councilmembers. It shall meet on the second Tuesday in December of each year or as soon thereafter as practicable to choose one of its members as Vice Mayor to serve for one year and until a successor is elected and qualified. In the absence of the Mayor, the Vice Mayor shall possess and perform the powers and duties of the Mayor.
POWERS AND DUTIES OF THE COUNCIL
All powers of the City shall be vested in the Council, except as otherwise provided for by state law.
TERM OF OFFICE
Council Members and the Mayor shall hold office for four years commencing on January 1 following their election. Term limits are restricted to three complete, consecutive four-year terms.
VACANCIES
A vacancy exists in the office of a Councilmember or Mayor when the person elected or appointed to such office fails to qualify or becomes disqualified, or upon the occurrence of any event which, under the general laws, would cause a vacancy in such office. [Add Applicable General Laws]
COUNCIL SERVING AS MEMBERS OF OTHER AGENCIES
The City Council also serves as Members of the following Authorities and Agencies: [Add]
APPOINTMENTS TO ADVISORY BOARDS
Councilmembers will be requested to serve on various boards and committees for outside agencies. Annually, the Mayor will review the current assignments list and make recommendations for appointments. Any councilmember desiring to serve on a particular committee should inform the Mayor. These appointments are subject to approval by the Council's majority.
INTERNAL COMMITTEES
Finance Committee
Legislation and Policy Committee
Economic Development Advisory Team
Revenue Review Ad Hoc Subcommittee
Disaster Council
Board and Commission Liaisons
OUTSIDE AGENCY APPOINTMENTS
Alameda County Fire Advisory Commission
Alameda County Mosquito Abatement District, Board of Trustees Alameda County Transportation Commission, Board of Directors Alameda County Waste Management Authority, Board of Directors Association of Bay Area Governments (ABAG), General Assembly Ava Community Energy, Board of Directors
Housing Authority of Alameda County, Housing Commission
INCOMPATIBLE OFFICE OR EMPLOYMENT
A Councilmember or Mayor who accepts or retains an incompatible public office or incompatible public employment after taking office on the Council is deemed to have automatically resigned as Councilmember or Mayor.
MAYOR/COUNCIL COMPENSATION
State law limits City Council salaries. All provisions of the Government Code of the State of California relating to compensation, benefits, and reimbursement for expenses applicable to members of a City Council of a general law city shall apply to Councilmembers in Union City. (Gov. Code §36516)
Union City Municipal Code Section 2.04.400 establishes the salary for Council Members at two thousand one hundred and twenty-five dollars per month, and the salary for the Mayor at two thousand nine hundred and thirty-seven dollars per month.
SERVICE AWARDS, RECOGNITIONS, AND PROCLAMATIONS
POLICY
The City’s Service Awards, Recognitions, and Proclamations policy, adopted by Resolution No. 6185-23, is attached hereto as Exhibit [insert].
POLICY GOVERNING EXPENSES OF THE CITY COUNCIL
The City’s Policy Governing Expenses of the City Council, adopted by Resolution No. 6234-23, is attached hereto as Exhibit [insert].
DISCRETIONARY FUNDS
As stewards of public funds, the City recognizes that the community deserves to know that discretionary funds are going to recipients with the capacity and integrity to provide quality community services. In instances where a Council Member has unused travel funds at the conclusion of a fiscal period or upon the completion of scheduled engagements, the Council Member may officially designate those funds as Discretionary Funds, provided these expenditures align with City policies, serve a legitimate public purpose, and are not for personal or political use.
A. ELIGIBILITY STANDARDS
The City recognizes and appreciates the value of local community members who provide community services and programs that benefit the community and enrich its residents' well-being. These programs present valuable benefits and consideration while fulfilling public purposes that the City Council and each member deem substantial and material value to the City.
a. Eligible Uses
i. The The recipient must be located within the City of Union City or provide community, environmental, or social services to the Union City community; ii. Recipient must directly provide the community service(s) for which the City funds are sought;
iii. The recipient must have no outstanding debt due to the City; iv. The recipient must not be financially dependent upon receiving City support to meet the budget and operational requirements;
v. The recipient can be a recognized entity under the rules of the California Franchise Tax Board, Secretary of State, and the Federal Internal Revenue Service, if applicable; or
b. Ineligible Uses
i. Individuals;
ii. For-profit organizations;
iii. Political Action Committees (PAC), political candidates, or political campaigns;
iv. Using funds to challenge City activities, plans, or actions; v. The payment of outstanding debts;
vi. The purchase of alcoholic beverages;
vii. Travel, meals, lodging, or entertainment expenses; viii. Permanent improvements to any non-City-owned structure or property so that it becomes an integral part of the real property, and its removal would do harm to the building or land, including those improvements that are bolted, nailed, screwed, or wired into the wall, ceiling, or floor; or ix. General operating expenses or expenses to support the ongoing operation of the applicant, including, but not limited to, salaries, utilities, and rent expenses.
Commented [KK1]: This is to be highlighted
and reserved for Council consideration.
A. Request and Approval Process
Requests for use of discretionary funds shall be made in writing to the City Manager and include: (1) legal name and address of the awardee, (2) date of request, (3) description of services provided or proposed use of funds, (4) the total amount requested, (5) a completed W-9 form, and (6) a current Union City Business License, if applicable. Once all the required information is received, the matter will be referred to the City Council for a budget amendment to transfer City Council travel funds to a general fund grant for the proposed awardee.
B. Post-Funding Requirements
Each awarded entity shall submit a reasonably detailed report, with receipts and proof of expenditures of the funds, and proper backup documentation to substantiate that those funds were expended appropriately. The report shall be submitted within 30 days of the end of the project or by June 30 of the fiscal year in which funds were awarded.
Mandatory documentation is as follows:
• Invoices/receipts documenting the expenditure of funds; and • A summary that explains all expenditures, including how they specifically benefited Union City residents, may include pictures or other documents illustrating the use of the funds.
CHAPTER 2 – MEETINGS
REGULAR MEETINGS
Regular meetings of the City Council are generally held on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Council Chambers, 34009 Alvarado-Niles Road, as established annually by City Council resolution.
SPECIAL MEETINGS
A special meeting may be called at any time by the Presiding Officer of the Council, or by a majority of the members. Written notice of the special meeting must be sent to each member of the City Council, to each local newspaper of general circulation that has requested meeting notices, and to each radio or television station that has requested notice in writing. The City shall post the notice on the City's website. Notices for special meetings must be delivered by any means that ensures receipt at least 24 hours before the meeting time. The notice must state the time and place of the meeting, as well as the business to be transacted or discussed. The City Council will not consider any business that is not in the written notice.
CLOSED SESSIONS
Typically, closed sessions are called to discuss (1) real property negotiations, (2) existing or anticipated litigation, (3) liability claims, (4) labor negotiations, or public employee appointments, (5) evaluations and discipline.
Closed sessions may involve only members of the City Council, the City Attorney, the City Manager, City management and support staff, and consultants necessary for consideration of the matter subject to the closed session. Individuals who do not have an official role in advising the City Council on closed-session matters will be excluded from closed-session discussions.
Closed session items must be briefly described on the posted agenda, and the description must state the specific statutory exemption.
By law, no member of the Council, an employee of the City, or any other person required to be present during a closed session shall disclose to any person the content or substance of any discussion which took place during the closed session unless a majority vote of the Council authorizes disclosure.
LEGISLATIVE BREAK
The City Council shall observe an annual recess in August. The duration of the recess shall encompass the full month of August unless otherwise determined by a majority vote of the City Council. The August recess shall apply to all City Council, Board, and Commission meetings.
During the August recess, regular City Council meetings shall be suspended. Special meetings may be called if urgent matters arise that require immediate attention.
MEETING NOTICES
The City Clerk is responsible for posting notices of all City Council meetings. The City Clerk will post meeting notices in accordance with applicable state and local laws. The Clerk’s Office must post a copy of the agenda on the notice board outside the 34009 Alvarado-Niles Road main entrance to the Civic Center, not less than 72 hours before each regular meeting, and not less than 24 hours before each special meeting to be held by the City Council. Notices may also be included on public access or electronic media, such as the City’s website and cable television.
MEETING ATTENDANCE
If any Councilmember cannot attend a meeting, they must notify the City Manager, the City Clerk, and the Mayor as soon as possible, but in no event later than noon on the day of the meeting. Pursuant to the City Council Norms and Guidelines, all members of the City Council should endeavor to miss no more than two regular meetings per calendar year absent extraordinary circumstances and Council Members should, absent unforeseen circumstances, provide a minimum of sixty days' notice to the City Council of planned absences during the Good of the Order or Items Referred by Council portion of the City Council agenda, as appropriate.
RULES OF ORDER
The proceedings of the Council shall be governed, unless otherwise stated, under “Robert’s Rules of Order, As Amended” on all matters pertaining to parliamentary law; however, no action of the Council shall be invalidated, or the legality thereof otherwise affected by the failure or omission to observe or follow said rules.
WHAT CONSTITUTES A QUORUM
A majority of the Council shall constitute a quorum for the transaction of business.
PUBLIC PARTICIPATION
No one shall be denied the right to present grievances or offer suggestions for the betterment of municipal affairs at any regular meeting of the Council.
The public is guaranteed the right to speak at any regular or special meeting on any subject that will be considered by the City Council before action on the item. The right to speak is personal to the speaker, and time cannot be delegated to another individual to speak on behalf of another.
COUNCIL ACTIONS
Actions of the Council shall be taken by ordinance, resolution, or motion. Actions of the Council require the affirmative votes of a majority of the entire Council membership. The membership of the Council comprises a Mayor and four Councilmembers. The Council shall pass ordinances and resolutions only by taking the ayes and nays by an open vote, which shall be entered in the minutes of the meeting. The ayes and nays shall be taken and recorded on all motions.
Abstentions shall also be recorded and shall not constitute an affirmative vote in favor of an action.
TIE VOTES
Tie votes are lost motions. Except when hearing a Planning item, when all Councilmembers are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes another action to consider the matter further. If a tie vote results at a time when fewer than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.
ABSTENTIONS AND RECUSALS
Abstentions shall be counted but shall not be recorded as either an “aye” or “nay” vote. Should a Councilmember be recused from voting on an issue due to a conflict of interest, an announcement should be made before the discussion of the item, indicating the reason for the recusal. The Attorney General has opined that discretionary abstentions are disfavored and stated: “As a matter of public policy, abstentions are generally disfavored absent a conflict of interest. Members of a public body have a duty to vote on the issues before them in order to carry out the purposes for which the body was created.” 94 Ops.Cal.Atty.Gen. 100.
Consistent with this opinion, discretionary abstentions are disfavored absent a conflict of interest.
PRESIDING OFFICER DUTIES
The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of the Mayor and the Vice Mayor, the Council shall elect a temporary presiding officer to serve until the arrival of the Mayor or the Vice Mayor or until adjournment.
1. CALL TO ORDER
The meeting of the Council shall be called to order by the Mayor or, in their absence, by the Vice Mayor. In the absence of both the Mayor and the Vice Mayor, the meeting shall be called to order by the City Clerk; after that, the City Clerk shall immediately call for the selection of a temporary Presiding Officer.
2. PARTICIPATION BY PRESIDING OFFICER
The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and they shall not be deprived of any of the rights and privileges of a Council Member because of their acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting.
3. QUESTION TO BE STATED
The Presiding Officer shall orally restate each question immediately before the call for the vote. Following the vote, the Presiding Officer or City Clerk shall announce whether the question carried or was defeated for the benefit of the audience.
MAINTENANCE OF ORDER
The Presiding Officer is responsible for maintaining order and decorum at all times. No Councilmember, staff, or member of the audience is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair.
The Presiding Officer shall ensure that they, as well as the balance of Council, refrain from commenting or entering into conversation with speakers during Public Comments or during Public Hearings.
PROCESSION OF MOTIONS
When a motion is made and seconded, it shall be stated by the Presiding Officer before debate.
A motion so stated shall not be withdrawn by the maker without the consent of the person seconding it.
BUSINESS ITEMS OUT OF ORDER
The Presiding Officer may at any time move an item out of the regular agenda order.
DIVISION OF QUESTION
If the question contains two or more divisible propositions, the Presiding Officer may, upon request of a member (unless appealed), divide the same.
MOTION TO FIX THE HOUR OF ADJOURNMENT
Any regular meeting can be adjourned to a stated date, time, and place.
MOTION TO TABLE
A motion to table shall be used to temporarily bypass the subject. A motion to table is not debatable and shall preclude all amendments or debate of the subject under consideration.
MOTION TO LIMIT OR TERMINATE DISCUSSION
Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.
MOTION TO AMEND
A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. A substitute motion on the same subject shall be acceptable and voted on before a vote on the amendment. Amendments shall be voted upon first. The main motion shall then be voted on, either as amended or as originally stated, if the amendment fails to pass.
CHAPTER 3 – AGENDA
ORDER OF BUSINESS
The following shall constitute the order of business to be followed in conducting regular meetings of the Council:
1. CALL TO ORDER
1.1. PLEDGE OF ALLEGIANCE
1.2. ROLL CALL
2. PROCOLOMATIONS AND PRESENTATIONS
3. ORAL COMMUNICATIONS
4. CONSENT CALENDAR
5. PUBLIC HEARINGS
6. CITY MANAGER REPORTS
7. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY
8. ITEMS REFERRRED BY COUNCIL
9. GOOD OF THE ORDER
10.ADJOURNMENT
Only items under consideration will appear on the agenda, and the order of business may be changed if the Mayor deems it appropriate.
AMENDED AGENDA
The Brown Act prohibits the City Council from discussing or taking action on an item not appearing on the posted agenda. The Brown Act provides three specific exceptions in which the Council can act on an item not on the agenda:
1. When a majority of the Council decides there is an “emergency”.
2. When two-thirds of the members present (or all members if fewer than 4 members are present) determine there is a need for immediate action and the need to take action “came to the attention of the council after the agenda was posted.” This exception does not apply when the Council or staff knew of the need to take immediate action before the agenda was posted. Forgetting a deadline does not count as an unexpected need.
3. When an item appeared on the agenda of a meeting and was continued from a meeting held not more than five days earlier.
DISTRIBUTION OF AGENDA
If practicable, the agenda and agenda packet shall be provided to Councilmembers the Friday preceding the Tuesday meeting to which it pertains. Council packets shall be delivered electronically through City Email and published on the City’s website. Holiday schedules may impact this timeline.
PUBLIC HEARINGS
Anyone wishing to speak regarding a Public Hearing item shall do so at that time. The order of business for public hearings is as follows:
1. Staff presentation
2. Applicant/Appellant, if any.
3. City Council Questions/Clarifications
4. Public Comments – 2 minutes per speaker, subject to adjustment by the Mayor
5. City Council Comments/Questions/Action
Councilmembers should not speak to an issue until the public hearing has been closed. If a Councilmember has met or communicated with a proponent/developer or opponent of the subject hearing, they should acknowledge such a meeting or communication before the opening of the hearing. Once a hearing is closed, it is inappropriate for the public to speak, except to answer a Council Member's inquiry addressed through the Presiding Officer.
CONSENT CALENDAR
Consent Calendar items are routine and are considered for approval by the City Council with a single action. The City Council may remove an item from the Consent Calendar for discussion and vote as a separate matter. Items listed on the Consent Calendar are deemed to have been read by title.
CHAPTER 4 – CONFLICTS, LIABILITY, AND
DECORUM
CONFLICT OF INTEREST
State laws attempt to eliminate any action by Councilmembers which may be a conflict of interest. The purpose of such laws is to ensure that all actions are taken in the public interest.
Newly elected officials are required to file a Statement of Economic Interest (Form 700) within 30 days of being sworn into office. After that, elected officials are required to file the Form 700 annually. The Clerk’s office will notify you of your filing requirements.
If a Councilmember believes a potential conflict of interest exists, they are encouraged to consult with the City Attorney for legal advice. Staff may also request an opinion from the City Attorney regarding a member’s potential conflict, if necessary. Conflict of interest laws can be complicated, and violations may result in significant penalties that are personal to the official.
Thus, consultation with the City Attorney or private counsel is appropriate. Under certain circumstances, the City Attorney may seek advice from the Fair Political Practices Commission, if requested, on behalf of the official.
Councilmembers who serve on joint power agencies, county committees, regional boards, and standing committees should verify with each agency its filing requirements.
POLITICAL REFORM ACT
The Political Reform Act prohibits public officials from making, participating in, or attempting to use their official position to influence a governmental decision in which they know, or have reason to know, that they have a financial interest. If a public official has a conflict of interest, the official must disqualify themselves from participating in or acting on the decision.
Government Code Section 87105 states that a Council Member who has a conflict of interest must recuse themselves and leave the room except under certain limited circumstances. A Councilmember must take the following steps after it is determined that a conflict of interest exists under the Political Reform Act:
1. Publicly identify the financial interest.
2. Recuse yourself from both the discussion and the vote on the matter.
3. Leave the room until the matter has been completed. Exceptions:
a. If the matter is on the consent calendar and not pulled from consent, you do not have to leave the room.
b. If you wish to speak during public comment, you may do so as a private citizen on certain interests, but this is the only time you may be in the room while the matter is considered. Consult with the City Attorney in advance.
The Fair Political Practices Commission has many regulations and opinions on conflicts of interest that help determine whether a particular financial interest or decision could give rise to disqualification based on a potential conflict of interest. Visit the Fair Political Practices Commission website at fppc.com for additional information.
EX-PARTE COMMUNICATIONS
Ex-parte communications are communications with applicants, representatives, agents, or attorneys for applicants or others seeking approval from the City or City Council or opponents of such entities or applications outside of an open and public meeting. Such communications are not encouraged when the communication is designed to influence the official decision or conduct of the official in order to obtain a favorable decision or treatment to advance personal or private interests.
Councilmembers who have ex-parte communications with a party that will appear or appears before them at a meeting should disclose that they had such ex parte communication with the party.
Any written ex-parte communication received by an official in matters where all interested parties should have an equal opportunity for a hearing shall be made a part of the record by the recipient.
AB 1234 – ETHICS TRAINING
Assembly Bill 1234 was signed into law and went into effect on January 1, 2006. This state law requires public officials to complete 2 hours of ethics training every 2 years. Newly seated officials must receive this training within 12 months of taking their positions. The original Certificate of Completion of this training must be filed with the City Clerk by the deadline. The training covers subjects such as conflicts of interest, personal financial gain, personal advantages and perks, government transparency, and fair processes.
AB 1825 & AB 1661 – SEXUAL HARRASSMENT PREVENTION
TRAINING
Assembly Bill 1825 became effective in 2007, and AB 1661 in 2016. These laws require two hours of sexual harassment training for supervisors, which includes Councilmembers, every two years.
SB 827 – FISCAL & FINANCIAL TRAINING
Senate Bill 827 became effective January 1, 2026. This law requires certain local agency officials to complete fiscal and financial training within six months of beginning service. For officials already in office before January 1, 2026, the training must be completed no later than January 1, 2028. The training is intended to help officials understand core public finance responsibilities, including budgeting, financial oversight, audits, internal controls, and the proper stewardship of public funds.
DECORUM AND ORDER – COUNCILMEMBERS
a) Any Councilmember who wants to speak shall address the Chair and, upon recognition by the Chair, shall confine themself to the question under debate. b) A Councilmember who wants to question a staff member shall address their question to the City Manager, City Attorney, or the City Clerk in appropriate cases, who shall be entitled to answer the inquiry themselves or to designate some member of the staff for that purpose.
During initial clarifying questions from City Council Members after a staff report, the Presiding Officer shall enforce a 5-minute limit per City Council Member. Once every Council Member has had a chance to ask questions during their initial 5-minute limit, the Presiding Officer may allow additional questions as needed.
c) A Councilmember, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another Councilmember; or unless the speaker chooses to yield to questions from another Councilmember. d) A visual timer shall be posted for all presenters and City Council members during their comments.
e) Any Councilmember challenged while speaking shall cease speaking immediately until the Commented [KK2]: Confirm.
question of order is determined. If ruled to be in order, they shall be permitted to proceed. If ruled to be not in order, they shall remain silent or shall alter his/her remarks to comply with the rules of order.
f) Councilmembers shall accord the utmost courtesy to each other, to City employees, and the public appearing before the Council. They shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities.
g) Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require them to act so.
DECORUM AND ORDER - EMPLOYEES
Members of the Administrative Staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City employees observe such decorum. Any staff member, including the City Manager, who wants to address the Council or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any one individual Council Member or member of the public.
DECORUM AND ORDER – PUBLIC
Members of the public attending Council meetings must observe the same rules of order and decorum applicable to the Council. Any person who is disruptive, threatening, or who becomes violent while addressing the Council or while attending the Council meeting shall be removed from the room if the Police Chief or their designee is so directed by the Presiding Officer, and such person may be barred from further attendance at the Council meeting.
ENFORCEMENT OF DECORUM
The Chief of Police or representative shall be ex officio Sergeant-at-Arms of the Council. They shall carry out all orders and instructions given to them by the Presiding Officer to maintain order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the Sergeant-at-Arms to eject any person from the Council Chambers or place them under arrest or both.
The Presiding Officer may remove, or cause the removal of, an individual for disrupting the meeting, including any teleconference meeting. Prior to removing an individual, the Presiding Officer or their designee shall warn the individual that their behavior is disrupting the meeting and that failure to cease it may result in their removal. A second warning shall also be given when practicable. The Presiding Officer or their designee may then remove the individual if the individual does not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a City Council meeting that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: a failure to comply with reasonable and lawful regulations adopted by the City Council or engaging in behavior that constitutes use of force or a true threat of force. A “true threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
In the event of a true threat of force, a warning is not required prior to removal. (Government Code §54957.95),
As set forth in the Brown Act (Government Code §54957.9), in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, must be allowed to attend any session held under this section. The City Council may establish a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
A disruption which causes Council to order the meeting room cleared does not authorize the relocation of a meeting. Any attempt by Council to recess and reconvene the meeting in another room is prohibited.
Attendance at Council Meetings does not provide individuals or groups of individuals immunity or protection when their conduct is in violation of any other laws (California Penal Code, City of Union City Municipal Code, etc.) The Sergeant-at-Arms should and will be called upon by the Presiding Officer to enforce these laws at Council Meetings.
PROCEDURES IN ABSENCE OF RULES
Except as modified by the provisions of this handbook, the proceedings of the Council shall be governed by Robert’s Rules of Order, As Amended.
RULINGS OF CHAIR FINAL UNLESS OVERRULED
In presiding over Council meetings, the Mayor, Vice Mayor or temporary Presiding Officer shall decide all questions of interpretations 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 a majority vote of the Council Members present and voting.
CHAPTER 5 – ADMINISTRATION
ADMINISTRATIVE SUPPORT
The City Manager’s office provides general staff and administrative support to members of the City Council. Services include scheduling of appointments, calendaring, receipt of telephone messages and light word processing.
EMAIL AND VOICEMAIL
Councilmembers are provided with a City email account. These communications can raise important legal issues to which Councilmembers should pay special attention. The Brown Act strictly prohibits members from using technology to have a discussion or develop a concurrence by a majority of the Council outside of an open and noticed public meeting, unless an exception applies. Councilmembers should not use telephones, faxes, email or other platform to communicate with other Councilmembers to develop a majority position on any issue that may come before the full Council.
Any email sent by Councilmembers addressing substantive city business, either from a City email account or your personal email account may be a public record pursuant to the California Public Records Act (PRA). Email information is stored on the computer network and may continue to exist on the network’s backup system even after being deleted. As a result, emails can become records of the City maintained in the ordinary course of business, and thus available for public disclosure under PRA.
MAIL
Councilmembers may receive large amounts of mail. Administrative staff in the City Manager’s office maintains a mailbox for each Councilmember in City Hall.
COUNCIL OFFICE
The City can make office space available for Councilmembers to use for councilmember business upon ample advance notice. Council Members should endeavor to provide at least 72 hours notice of a request to use an office at City Hall.
POLICY DEVELOPMENT
Local officials best serve their constituents when they listen to the community as well as help the community visualize where it wants to be in the future.
As an elected official, you play a fundamental role in the evolution of the goals, purpose, and direction of your community. You are responsible for making decisions about tax policy and tax rates, the scope of services your government will provide, and the role of the public sector versus that of the private sector in the delivery of those services. You are also responsible for policies that will affect local economic growth, cultural change, and the environment. All these complex and ever-changing factors affect and are affected by a local government’s mission.
To understand your government’s mission is to become familiar with its policies. Review the budget, the capital improvement plan, the general plan, administrative procedures and practices, and local codes. As issues come up, take another look at existing policies to see if they support the mission of the organization. Keep in mind that policymaking can be passive as well as active.
Policy ideas come from many sources, but the final determination of how policies (and through policies the mission of your organization) evolve during your term of office rests with you, the elected governing official.
Wherever the ideas come from, it is the Council’s responsibility to look at the merits of each idea and then approve, modify, or reject it. (Chapter 1, Book 1, ICMA Elected Officials Handbook)
POLICYMAKING
Policymaking means deciding what you are going to do - not how you are going to do it. An example may help illustrate the difference. Deciding that your community is going to emphasize the provision of low-income housing is a basic policy decision. Making that decision means that you will be spending money on housing programs, that you intend to make this subject a priority, and that, likely, some other programs will have to wait their turn. Note that making the policy decision says nothing about how you will provide low-income housing. That question comes later and may require advice from your staff or other knowledgeable individuals. Your staff may suggest several alternatives for providing low-income housing. You might be able to use federal programs, state financing, or public-private partnerships. You will have to make other policy decisions, choosing which of these alternatives you wish to use. Once you have made these secondary policy decisions, your staff can deal with how to carry out your policy. Policies are formulated for the broad issues that affect your community. These may include everything from providing jobs to paving streets to making sure that children have enough playgrounds.
As a policymaker, sometimes you will judge and sometimes you will advocate; you need to hear opposing views, consider the arguments, and think about the concerns of the constituency you serve. Two major activities will help you shape policy systematically: setting goals and formulating the budget.
The four phases of the policy-making cycle are:
1. Identify and analyze community needs. What do your constituents want? What program changes were the basis of your campaign? What long-standing problems require attention? What do staff studies of social and economic trends tell you about the future?
2. Analyze program and service alternatives and resources. How do you gather the resources you will need to accomplish the goals you have in mind?
3. Choose and implement programs. How do you gain the consensus of your colleagues on the Council--or their cooperation in selecting programs and services? What details do you provide to staff, and what do you leave to their discretion?
4. Evaluate program results. How well is the program being implemented? Did you get what you expected? Is the program accomplishing what you intended? In addition to learning how various policies are influencing the mission of your local government, you will want to review the roles of other elected officials, of the staff, of interest groups, and of individuals from other local governments and other levels of government in making policy. (Chapter 1, Book 1, ICMA Elected Officials Handbook)
STAFF ROLE
A full-time staff, hired for its expertise, also has a responsibility to help the Council formulate policy. The City Manager and the staff often make recommendations based on what has worked in other communities, as well as organizational and financial feasibility, and present alternative strategies for the review and decision of elected officials.
Realistically, the policy-making process and the influence of the City Manager and the organization’s staff in shaping policies - both as they are being developed and as they are implemented - do not constitute a fixed equation. As you look at various issues, you and your colleagues will find that at times the decision is based solely on your ideas, while at other times you accept staff recommendations with little discussion. But many decisions reflect a blending of Council and staff perspectives within parameters you set.
Policy and administration are inextricably intertwined, and it is the responsibility of both elected officials and the City Manager to continually clarify what they are looking at and define their roles in discussions and actions. Often, you must rely on your best judgment and common sense to determine what policy is. It is not the day-to-day operations of departments - that’s administration.
Yes, you are ultimately responsible for how community services are provided and how things are run, but if you hire a City Manager, you will work through them to ensure things are handled. (Chapter 1, Book 1, ICMA Elected Officials Handbook)
ADMINISTRATION AND MANAGEMENT
Once you have established policy, it is the job of your City Manager to administer or execute that policy. When a constituent complains of a missed garbage pick-up, potholes, or an overzealous police officer, working through your City Manager will help you serve that constituent most effectively. It is the City Manager’s job to know the most effective way to get action. The City Manager should also give you the staff support you need so that citizens recognize you as concerned and responsive. Also, your City Manager can tell you if a policy decision is needed from Council to deal with the issue you have raised.
Although it is up to the City Manager you have selected to handle personnel and administrative issues on a day-to-day basis, you have a role to play, too. There may be times when you have reason to believe that Council policies are not being properly administered. In such cases, it is your responsibility to find out if your suspicions are valid. But do your checking through the normal chain of command. Sometimes it might seem easier to check things out informally by contacting government employees you know socially. But that can undermine the authority you have delegated to the City Manager. Present the complaint to the City Manager and ask for a report. Then, if the situation is not remedied, the City Manager will have to answer to the Council for it.
Internal management involves actions the City Manager takes to put the organization's resources to effective use in getting things done. On a day-to-day basis, this is the Manager’s job. In Council-Manager communities, the Council should also regularly evaluate the City Manager's performance as part of its assessment of internal management. (Chapter 1, Book 1, ICMA Elected Officials Handbook, Book)
APPOINTMENT OF CITY MANAGER
The Council shall appoint a City Manager, who:
(a) Shall serve at the pleasure of the Council;
(b) Shall be the chief administrative officer of the City; (c) Shall be chosen on the basis of administrative qualifications; (d) Shall be paid at a salary fixed by the Council commensurate with the responsibilities of the
position;
(e) Shall not have served on the Council within one year immediately preceding the date of appointment.
CITY MANAGER CONDUCT AT MEETINGS
The City Manager shall:
(a) Be accorded a seat at the Council table at all meetings of boards and commissions; (b) Be entitled to participate in the deliberations of the Council, boards, and commissions, but shall not have a vote;
(c) Receive notices of all special meetings of the Council, boards, and commissions.
APPOINTMENT OF THE CITY ATTORNEY
The Council shall appoint a City Attorney, who:
(a) Shall serve at the pleasure of the Council;
(b) Shall be the chief legal officer of the City;
(c) Shall perform such duties as may be required by the Council. (d) Shall recommend to the Council proposals for additions to, deletions from, and amendments to the City Municipal Code as are deemed necessary or desirable.
DEPARTMENTS AND DIVISIONS
The Council, by ordinance, shall create, reorganize, and abolish departments and divisions thereof as necessary for the proper administration of the City’s business. The City Manager shall appoint an administrative officer to head each department. Such department heads shall serve at the pleasure of the City Manager. The City Manager may also appoint an administrative officer of the City to serve as a deputy to perform any legally required act of a department head.
NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE
The Mayor and Council Members shall not interfere with the exercise of the City Manager's powers and duties; this includes interference with hiring, appointments, or terminations of City staff. Except for inquiry, the Mayor and Council Members shall not direct any subordinate of the City Manager. The Mayor and Council must deal directly with the City Manager on all matters related to administrative services.
All directions or requests from Councilmembers that require city staff action or response must be raised with the City Manager. If the City Manager is unable to remedy the issue immediately, Councilmembers are encouraged to exercise patience and remember that the City Manager reports to the entire Council. There will often be instances when Councilmembers disagree, and the City Manager should be afforded the time to address the issue adequately.
NEPOTISM
City Councilmembers may not vote to approve the appointment of a relative of any City Council member to any board, commission, committee or task force. For purposes of this policy, “relative” shall include a: spouse, registered domestic partner, parent, stepparent, parent-in-law, grand-parent, child, step-child, grandchild, brother, sister, step-brother, stepsister, aunt, uncle or first-cousin, and any individual who falls within one of these categories by a previous marriage, or adoption.
No person shall be appointed to the office of Council Member or Mayor or any permanent salaried office or employment with the City for any position directly hired by the Council if such person is a relative within the third degree to a Councilmember or Mayor.
POLITICAL ACTIVITY
It is prohibited for any person holding a position as an officer or employee to engage in any political activities of any kind while in uniform or during working hours.
CHAPTER 6 – COMMUNICATIONS
MEMBERS OF THE PUBLIC ADDRESSING THE COUNCIL AT
MEETINGS
Any citizen may address the Council on any business concerning them, or affecting their interests.
Any member of the public who wants to address the Council shall complete a “speaker card” and hand it to the City Clerk, or if attending the meeting via Zoom, raise their hand to speak. The Presiding Officer or City Clerk will announce the names from the speaker cards and/or Zoom.
Once the individual’s name is called, that individual should proceed to the podium and wait to be recognized by the Presiding Officer. Individuals are only required to provide sufficient information on the speaker card to allow the Presiding Officer or City Clerk to identify them at their opportunity to speak, and are not required to complete all information on the speaker card.
Individuals joining via Zoom shall not be allowed to raise their hands to speak after the Presiding Officer announces that he is closing public speaking via Zoom.
After being recognized, the individual will speak directly into the microphone and may state their name for the record. Members of the public may submit speaker cards to address items listed under Public Hearings, Public Comments, Consent Calendar or Action Items.
Under the Brown Act, the City Council is prohibited from discussing or taking action on an item not listed on its posted agenda. Therefore, any issue raised under the Public Comments section of the agenda will be referred to staff for a decision on whether to place it on a future agenda for discussion, action, or report.
A. TIME LIMITATION
Any member of the public who speaks before the Council shall limit their address to three (3) minutes during Public Hearings. Members of the public who address the Council during Public Comments, Consent Calendar, or Action Items shall be limited to three (3) minutes, subject to the discretion of the Chair.
B. APPLICANTS AND/OR APPELLANTS – PUBLIC HEARINGS
Any applicant and/or appellant who speaks before the City Council shall limit their address to the time established by the Chair. This time limit will not be applied to speakers to whom constitutional due process applies.
C. ADDRESSING THE COUNCIL AFTER MOTION IS MADE
After a motion has been made, or after a public hearing has been closed, no person shall address the Council except to answer an inquiry of Council Members addressed through the Chair.
COUNCILMEMBER DELIBERATIONS
No Councilmember should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for more than five (5) minutes each time he/she has the floor, without the approval of a majority vote of the Council.
CORRESPONDENCE FROM THE PUBLIC
Any communication relating to a matter pending, or to be brought before the City Council, shall be included in the agenda packet for the meeting at which such item is to be considered. Any written Public Comment must be received no later than four hours prior to the City Council meeting. All written Public Comment submitted by the deadline will be distributed to the City Council prior to the start of the meeting and will be included in the official record. Written public comment will not be read aloud. Communications specifically addressed to individual Councilmembers will be transmitted only to them.
USE OF CITY LETTERHEAD OR CITY SEAL
All Councilmember correspondence written on City resources, i.e., letterhead, staff support, postage, etc., unless explicitly stated that such correspondence is the view of the City Council as a whole, shall represent the views of the Councilmember individually and not those of the whole Council. All Councilmember correspondence using City resources shall be available to the full council.
COMMUNICATIONS WITH STAFF
The City Council and its members, except for inquiry, shall deal with administrative services solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any of the subordinates of the City Manager. A Councilmember shall not direct staff to initiate any action, change a course of action, or prepare any report that is significant, nor shall a Councilmember initiate any project or study without the approval of a majority of the Council.
Regarding agenda items, Councilmembers are encouraged to contact staff members to ask clarifying questions before the meeting at which the subject will be discussed.
CHAPTER 7 – RESOLUTIONS, ORDINANCES AND MINUTE
ORDERS
METHOD OF ACTION
Actions of the City Council shall be taken by ordinance, resolution, or motion. An ordinance or resolution may be adopted by motion and shall require the affirmative votes of a majority of the entire Council membership unless otherwise specified by law.
ORDINANCES AND RESOLUTIONS – READING
At the time of its introduction or adoption, an ordinance or resolution shall be read by title only, unless the City Council votes to require that the ordinance or resolution be read in full. Any matter designated as a consent item regularly appearing on the City Council agenda and available for public inspection on the City’s website and in the City Clerk’s Office may, by the motion of the City Council, be deemed to have been read by title.
RESOLUTIONS – ADOPTION/EFFECTIVE DATE
Each Resolution shall become effective upon adoption, or at a later date specified within.
ORDINANCES – ADOPTION
No ordinance shall be adopted within five (5) days after its passage to print, at the first reading.
If an ordinance is passed by a unanimous vote of the whole Council, the second reading to adopt the ordinance may be placed on the Consent Agenda of a subsequent regular City Council meeting.
ORDINANCES – ALTERATION PROHIBITED
No ordinance shall be altered as to a matter of substance after its passage to print at the first reading. Correction of typographical or clerical errors shall not constitute alteration as to a matter of substance.
ORDINANCES – EFFECTIVE DATE
Each ordinance shall be effective thirty (30) days after its adoption, or at a later date specified therein, unless otherwise specified by law. Notwithstanding the above reference, an ordinance may be introduced and adopted at the same meeting, and shall be effective upon adoption, if it is an ordinance:
a. Relating to an election;
b. For the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency;
c. Relating to public improvement proceedings;
d. Relating to taxes for the usual and current expenses of the City; e. Annexing territory to the City;
f. Covered by particular provisions of law prescribing the manner of its passage and adoption.
ORDINANCES AND RESOLUTIONS – AUTHENTICATION
The City Clerk shall authenticate by signature all ordinances and resolutions adopted by the Council.
ORDINANCES – MAINTENANCE OF
A true and correct copy of all ordinances shall be kept and certified by the City Clerk; such record copy, with such certificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and the due passage and publication of the same, and shall be admissible as such in any court or proceeding. Such records shall not be filed in any case but shall be returned to the custody of the City Clerk. Nothing herein contained shall be construed to prevent the proof of the passage and publication of an ordinance in the usual way.
COMPREHENSIVE CODES
The Council may adopt any comprehensive code of technical regulations by reference to an adopting ordinance. Any ordinance may be compiled into a comprehensive code, which the Council may adopt by reference to an adopting ordinance. Comprehensive codes of regulations or ordinances adopted by reference need not be published, provided that copies thereof shall be available at the office of the City Clerk for use or purchase by the public. Repeal or amendment of codified ordinances, or additions to a comprehensive code, shall be accomplished by reference to numerical designations assigned thereto for arrangement and indexing of the comprehensive code.
CHAPTER 8 – COUNCIL COMMITTEES
The City Council may organize among its members standing committees, each of which shall act as a fact-finding committee to consider all available information on proposed legislation or matters of policy referred to such committee by the Council and make recommendations thereon to the Council as a whole.
The Mayor shall assign each Councilmember to one or more standing committees. The assignments shall be ratified by the Council as a whole. The Mayor may also serve on various standing committees and be ratified by the Council as a whole. Participation and attendance at those committee meetings are important. Continued absences from meetings without good cause may result in removal from a committee at the Mayor's discretion, taking into account advice from other committee members.
From time to time, the Council may organize ad hoc committees to address special concerns of limited duration.
It shall be the prerogative of the Mayor, taking into consideration the relative length of Council service, individual Council Member preference, and equivalency, to assign individual Council Members to these various committees. Appointments are for a one-year period but may be recommended for renewal at the Mayor’s discretion where Council Members have particular experience or expertise concerning the business of a particular committee.
STANDING COMMITTEES
The list of standing and Ad Hoc Committees and Committee assignments shall be maintained by the City Clerk and revised from time to time as necessary.
COUNCIL COMMITTEE MEETINGS
It is the policy of the City Council that Council Committee meetings, as a general rule, be noticed and open to the public. A staff member shall be present at all committee meetings. It is also the policy of the City Council that all Council Committees post a written agenda at least 24 hours before each of its meetings, limit discussion during its meetings to items on the posted agenda, provide an opportunity at the beginning of each meeting for comments from the public, and, if the committee elects to do so, adopt time limits for public comments at its regular meetings.
Previous Brown Act restrictions had prohibited a third member of a five-member legislative body from attending a subcommittee meeting. The Attorney General considered the following exception to the definition of “meeting”:
“The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, provided that a majority of the members do not discuss among themselves other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of a local agency.” The Legislature amended the Brown Act in 1997, slightly modifying the notice requirements for standing committees of the City Council. A majority of a legislative body may now attend an open and noticed meeting of a standing committee within their agency if they only observe the proceedings. (Government Code §54952.2)
If members of a local legislative body attend a meeting of a standing committee in which they are not a member, the observing members should sit in the audience and refrain from making any comments or asking any questions.
It is the policy not to hold joint Council-Committee meetings nor joint Sub-Committee meetings.
An item that might be considered for such a meeting should be scheduled for a work session of the whole Council.
APPENDIX [insert] – GUIDELINES FOR
COUNCIL MEMBER CORRESPONDENCE
PURPOSE OF THE GUIDELINES
These guidelines are to provide guidance should a Councilmember want to transmit their individual opinions to elected officials and/or other governmental agencies. The guidelines are intended to specifically address individual Councilmember correspondence to a governmental agency and/or another elected official regarding issues that staff have been given direction to pursue via a negotiation process or other form of resolution.
These guidelines are not intended to in any way restrict Council written communication with constituents and do not apply to personal correspondence with elected officials.
GUIDELINES
As a matter of protocol, a Councilmember should, when sending correspondence described above, contact the City Manager and Mayor to indicate their intent to send a letter so that the Councilmember may be briefed on the current status of staff work of which the specific Councilmember may not be aware.
APPENDIX [insert] – GUIDELINES REGARDING
COUNCIL SUPPORT FOR OR OPPOSTION TO
BALLOT MEASURES (attach)
APPENDIX E – UNION CITY SISTER CITY AND
FRIENDSHIP CITY GUIDELINES
CRITERIA FOR ESTABLISHING A SISTER CITY AND FRIENDSHIP
CITY AFFILIATIONS
In adherence to the goals of President Eisenhower’s People to People Program to offer opportunities for people of all ages to experience, explore and absorb other cultures through long-term partnerships, the City of Union City sets forth the following guidelines for developing its Sister City and Friendship City affiliations. These relationships are intended to transcend transitory political or social concerns, and lead to ongoing community involvement with Sister City and Friendship City regions and people.
It is recognized that Friendship City affiliations are less formal and more limited in scope than Sister City affiliations, consisting of less administrative and financial expectations.
SISTER CITY SELECTION CRITERIA
a. A city chosen for a Sister City affiliation should be located in a country that has established diplomatic relations with the United States. There should be the potential for genuine people-to-people contact; communication and visitation should be able to occur freely in both directions.
b. The proposed city should be similar in population, and/or role in the region, and/or have cultural, educational, socio-economic, governmental, or other tangible features in common with Union City, making it an appropriate Sister City. c. There must be residential community and cultural ties between Union City and the proposed city.
d. The relationship should not be economically driven.
e. The proposed city must be in a country not already represented by Union City’s Sister Cities, and ideally, to maintain balance in the program should be of a different linguistic or cultural group than Union City’s existing Sister Cities.
FRIENDSHIP CITY SELECTION CRITERIA
a. A city chosen for a Friendship City affiliation should be located in a country that has established diplomatic relations with the United States. b. The proposed city should have cultural, demographic, economic, or other tangible features similar to those of Union City.
COMMUNITY INVOLVEMENT
It is acknowledged that the Sister City affiliations [insert] are long-standing and were formed in a cooperative effort between the City and community representatives.
For all new Sister City and Friendship City affiliations, there should be an organized group of Union City residents and business owners willing and capable of supporting and building the relationship. For new affiliations, the organization's viability should be demonstrated by submitting a statement of intent for review by the City Council Rules Committee. Their statement should include:
a. Planned activities for the first year of the relationship. b. A list of volunteers, professionals, or other organizations committed to supporting the program and responding in a timely fashion to overtures from the Sister City or Friendship City, to working with City staff, and to representing the City of Union City with competence and integrity.
c. For Sister Cities, a budget for the first year of activities, showing the funds and/or commitments to contribute materials, services, or time to meet the budget requirements. d. For Sister Cities, plans for ongoing financial and personal support of the relationship. e. For Friendship Cities, plans for ongoing personal support of the relationship.
RESPONSIBILITIES OF THE CITY OF UNION CITY
a. Requests for establishing a Sister City or Friendship City affiliation and the community organization’s implementation plan and budget, where appropriate, will be reviewed by the City Council Legislation and Policy Committee, with a recommendation to the City Council as appropriate.
b. When appropriate, the City will organize and carry out community receptions and/or events to acknowledge the formal visit of the Mayor or other elected officials from a Sister City when an invitation has been extended by the Union City Mayor or City Council, and when that Sister City is not represented by a community organization. The City Council Legislation and Policy Committee will recommend the reception and/or event activities.
Community receptions and/or events for Friendship City dignitaries will be the responsibility of the community group sponsoring the affiliation. c. Informal visits by Sister City or Friendship City dignitaries will be acknowledged by a meeting or luncheon with the Mayor and/or City Councilmembers, depending upon the availability of City officials and the visiting dignitaries. If advance planning permits, such plans for a meeting or luncheon will be reviewed by the City Council Rules Committee. If the visit does not provide sufficient time for Committee review, the Mayor will report to the City Council all official activities that occurred during the visit. d. Generally, the City will not fund travel nor reimburse for travel or lodging expenses for visitors coming to Union City without prior approval by the City Council, and only for those instances to reciprocate for prior hosted accommodations by the Sister City. There is no expectation that the City will fund travel or lodging expenses for visitors from Friendship Cities.
e. The City may terminate a Sister City or Friendship City affiliation if, after considering such factors as community involvement, length of no contact or visits, funding, etc., it determines that continuation of the affiliation is not in the best interest of the City.
CITY OFFICIAL VISITS TO SISTER CITIES AND FRIENDSHIP
CITIES
When a City Councilmember initiates a request to visit a Sister City or Friendship City, such a request will be made in writing to the City Council, including the proposed itinerary, how the travel and expenses will be funded, and other assistance the City will be asked to provide (i.e. gifts to be presented by the Councilmember). The cost of travel shall be covered by the Councilmember; the Councilmember’s travel budget shall not be used. The Mayor will send appropriate correspondence to the Mayor of the Sister City or Friendship City.
When an invitation is received from a Sister City or Friendship City for Union City officials to visit that city, the City Council shall review the invitation or request, including what expenses, if any, have been offered by the Sister City. The City Council will then consider recommendations from the City Council Legislation and Policy Committee regarding who will represent the City and how the travel and expenses shall be funded.
GIFTS
Gifts or memorabilia presented to a representative of the City of Union City that are intended for the City shall become the property of the City. All gifts received by individual City Councilmembers are subject to applicable Fair Political Practices Commission and Government Code reporting requirements.
CITY COUNCIL MEMBER HANDBOOK
ACKNOWLEDGEMENT
PURPOSE
This form documents that City Council members have received, read, and agree to abide by the City Council Member Handbook and commit to its principles:
"Administration of City Council affairs is greatly enhanced by the agreement of the City Council and staff to be bound by the rules outlined in the City Council Member Handbook. While aiming not to be overly restrictive, rules are established to clearly articulate expectations and practices to guide Councilmembers in their actions. " The completed form is a public record, retained by the City Clerk’s Office, and available for public inspection upon request.
ACKNOWLEDGMENT
By signing below, I acknowledge the following:
1. I have received a copy of the City Council Member Handbook.
2. I have read and understand the contents of the Handbook.
3. I agree to abide by the rules, expectations, and practices outlined in the Handbook as they pertain to the administration of City Council affairs.
4. I understand that the Handbook is designed to provide guidance and clarity, and I commit to conducting myself in accordance with its principles.
Name Title
Signature Date