Agenda Item _2 L
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager d�'
Steven Pacifsco Graham, City Attorney
FOR: City Council Meeting of March 13, 2023
SUBJECT: Discussion / Approval of Amendments to Rules of Procedure RECOMMENDATION:
That the City Council adopt Resolution No. 2023-07, rescinding Resolution No, 2021-12 amending the Rules of Procedure for City Council meetings.
BACKGO UND/DISCUSSION:
The current Resolution No. 2021-12, governing the Rules of Procedure for City Council meetings was adopted in 2021. The Resolution outlines the rules and procedures for conducting City Council meetings, including the order of the agenda, the conduct of meetings, and the rules of order governing debate and decision -making.
The major revisions include;
Adoption of Rosenberg's Rules of Order
The League of California Cities recotamends adopting Rosenberg's Rules of Order as a comprehensive guide for conducting City Council meetings. Rosenberg's Rules of Order is a well - respected guidebook that provides clear and concise rules for conducting meetings, including procedures for debate and decision -making. Adopting Rosenberg's Rules of Order will simplify the Rules of Procedure and provide a consistent framework for conducting City Council meetings.
Adoption of Rules of Procedure for Quasi -Judicial Hearings Quasi -Judicial Hearings are conducted by the City Council to make decisions on specific issues, such as land use and zoning. Currently, the Rules of Procedure do not provide clear guidance for conducting Quasi -Judicial Hearings. Adopting Rules of Procedure for Quasi -Judicial bearings will ensure that these hearings are conducted in a fair and consistent manner and provide clear guidance for the Council and the public,
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Eliminate Strict Language Governing the Order of the Agenda Currently, the Resolution governing the Rules of Procedure requires closed sessions to be held at the end of the City Council meeting, Allowing more flexibility to the order of the agenda will result in significant cost savings as outside attorneys will no longer need to be "on -call" during the open session waiting for a closed session to occur at 9 p.m. or later. Instead, the closed session could begin at a time certain.
CONCLUSION:
The proposed amendments to the Resolution governing the Rules of Procedure for City Council meetings aim to simplify the Rules of Procedure, provide clear guidance for conducting Quasi - Judicial Hearings, and allow for flexibility in scheduling the order of the agenda. Adopting Rosenberg's Rules of Order will provide a comprehensive guide for conducting meetings and ensure that Council meetings are conducted in a fair and consistent manner. 528
RESOLUTION NO.2023-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -YUCAIPA, CALIFORNIA, RESCINDING RESOLUTION NO. 2021-12, AND ADOPTING
RULES OF PROCEDURE FOR COUNCIL MEETINGS AND RELATED
FUNCTIONS AND ACTIVITIES
WHEREAS, the purpose and intent of the City Council of the City of Yucaipa (hereinafter "the City Council") in adopting these rules is to provide directory guidelines relating to the conduct of public business by or on behalf of the City Council, not mandatory regulations, and in the event of any non-compliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law; and, WHEREAS, Resolution Number 2021-12 is hereby rescinded and superseded by this Resolution, and any references to Resolution 2021-12 shall, after adoption of this Resolution, be construed to refer to this Resolution 2023-07.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA DOES HERESY RESOLVE, DETERMINE AND ADOPT THE FOLLOWING RULES OF PROCEDURE:
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1.1 REGULAR MEETINGS
Pursuant to Section 2.04.010 of the Yucaipa Municipal Code ("YMC") the City Council of the City of Yucaipa shall hold regular meetings at 34272 Yucaipa Boulevard, Yucaipa, California, 92399 on such days and times as may be set by resolution. As of the adoption of this Resolution the City Council meets on the second and fourth Monday of each month with Open Session beginning at 6.00 p.m. The City Council may from time to time cancel or reschedule regular meetings that may be held on a legal holiday.
1.2 SPECIAL MEETINGS
Special meetings may be called by the Mayor, a majority of Councilmembers, or the City Manager, on 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California.
1.3 QUORUM
A majority of the City Council constitutes a quorum for transaction of business. Less than a majority may adjourn from time to time and compel attendance of absent Councilmernbers. (Gov.
Code § 36810). Generally, a majority of those members present may approve an item of business (for example, by voting 2-1 in favor with 2 members absent), however the following is a non - exhaustive list of matters which require a majority of the entire membership of the City Council to approve the item:
A. Resolutions, orders for the payment of money, and all ordinances (Gov.
Code § 36936)
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B. General Plan and Amendments (Gov. Code § 65356)
C. Specific Plan and Amendments (Gov. Code § 65453)
D. Urgency Ordinances (must be passed by four -fifths of City Council) (Gov.
Code § 65858)
E. Resolutions of Necessity (two-thirds vote of City Council) (Code of Civil Procedure § 1245.240)
F. Addition of Item to Agenda (two-thirds vote of City Council) (Gov. Code § 54954.2)
G. General Taxes (two-thirds note of City Council) (Gov. Code § 53724(b)) H. Exceptions to Competitive Bidding (Emergency — Pub. Contract Code §§ 20168, 22050) (Open Market — Pub. Contract Code § 20167) I. Surplus Sale of Property (Override Protests — Gov. Code § 37421) J. Disposition of Parkland (Gov. Code § 37111)
1.3.1 LEGALLY REQUIRED PARTICIPATION
If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means as the Council shall detennine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum.
1.4 MEETINGS TO BE PUBLIC
All meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded for the consideration of those subjects authorized by the Brown Act,
SECTION 2.ORDER OF BUSINESS
The order of business of each meeting shall be as contained in the agenda prepared by the City Clerk. The agenda shall be a listing by topic of the subjects which shall be taken up for consideration.
2.2 PUBLIC COMMENTS
Subject to the limitations set forth herein, any person may address the City Council on items on the agenda at or before the City Council's consideration of the item. At regular meetings of the City Council, the public may also comment on items not on the agenda but within the subject matter jurisdiction of the City Council. A time limit of three (3) minutes shall be set for each person Resolution No, 2023-07
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desiring to address the City Council during the meeting and speakers will not be permitted to cede time to another speaker.
2.3 CONSENT AGENDA
Items of routine nature, and non -controversial, shall be placed on the consent agenda. All items imay be approved by one blanket motion upon majority vote. Any Councihmember may request that any item be withdrawn from the consent agenda for separate consideration. However, any Councilmember may abstain from voting on any consent agenda item without requesting its removal from the consent agenda, and the City Clerk shall record such abstentions in the minutes.
SECTION 3. PRESIDING OFFICER.
3.1 PRESIDING OFFICER; MAYOR AND MAYOR PRO TEMPORE
(a) The Mayor shall be the Presiding Officer at all meetings of the City Council.
In the absence of the Mayor, the Mayor Pro Ten shall preside. In the absence of both the Mayor and Mayor Pro Tern, the Council shall elect a temporary officer to serve until the arrival of the Mayor or the Mayor Pro Teanporc or until adjournment, whichever first occurs. (b) The City Council shall meet annually to choose one of its members as Mayor and another of its members as Mayor Pro Tempore, such meeting shall generally be held no later than the first regularly scheduled meeting in December. (c) The City Clerk shall preside at the portion of the City Council meeting which is concerned with the nomination for and selection of the Mayor and Mayor Pro Tempore. (d) Nominations for the office of Mayor and Mayor Pro Tempore may be made by any member of the City Council and need not be seconded in order to be effective. Each selection shall be by three or more affirmative votes. In the event that no person receives three or more votes in the selection process for one or both offices, the selection process shall be repeated immediately, provided, however, that the two persons receiving the highest number of votes in the preceding selection process shall be the only nominees for the office to be filled. If, upon repeating the selection process for Mayor or Mayor Pro Tempore, no person has received three affinnative votes for such office, the City Council may either repeat the selection process until the officer has been duly selected or may continue the selection to the next regular meeting of the City Council. (e) Except as provided in subsection (f) of this Section 3.1, the Mayor and Mayor Pro Tempore selected pursuant hereto shall serve until their successors have been duly selected.
(f) The office of Mayor and Mayor Pro Tempore shall be deemed vacant upon the happening of any of the following:
Resolution No. 2023-07
(1) The death of the holder of such office;
(2) The loss or resignation from membership on the City Council by the holder of such office;
(3) The acceptance by the City Council of the resignation from such office by the holder thereof.
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At its first regular meeting after the occurrence of a vacancy created by any of the foregoing events, the Council shall select a successor to such office pursuant to the selection procedures established by this Section 3.1.
The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he/she shall not be deprived of any of the nights and privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting.
If he/she desires to personally engage in extended debate on questions before the City Council, he/she should consider turning the Chair over to another member. 33 MAINTENANCE OF ORDER
The Mayor or Presiding Officer is responsible for the maintenance of the order and decorum at all times, No person is allowed to speak who has not first been recognized by the Chair. All questions and remarks shall be addressed to the Chair or the City Council as a whole.
SECTION 4, DECORUM AND ORDER
4.1 DECORUM AND ORDER - COUNCILMEMBERS
(a) Any Councilmember desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself/herself to the question under debate. (b) A Councilmember desiring to question the staff shall address his/her question to the City Manager or City Attorney, in appropriate cases, who shall be entitled either to answer the inquiry himself/herself or to designate some members of his/her staff for that purpose. (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) Any Councilmember called to order while he/she is speaking shall cease speaking immediately until the question of order is detennined. If ruled to be in order, he/she shall be penrritted to proceed. If ruled to be not in, order, he/she shall remain silent or shall alter his/her remarks so as to comply with the rules of the Council.
(e) Councilmernbers shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities.
(f) 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 him/her to so act.
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4.2 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 members, including the City Manager, desiring to address the City Council or members of the public shall first be recognized by the Chair.
All remarks shall be addressed to the Chair or to the City Council as a whole, and not to any member of the public.
4.3 DECORUM AND ORDER - PUBLIC
Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. Any person who fails to follow the rules of order and decorum upon request of the Presiding Officer, or whose behavior disrupts the City Council meeting may be ordered to leave the room by the Presiding Officer and such person may be barred from failher audience before the Council upon repeated violations of this section.
Unauthorized remarks from the audience, stamping of feet, clapping, whistles, yells and similar demonstrations that disrupt the City Council meeting shall not be permitted by the Presiding Officer, who may order such offenders to leave the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer.
As set forth in Government Code Section 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 the session. Only matters appearing on the agenda may be considered in such a session.
Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully distributing the orderly conduct of the meeting.
4.5 PERSONAL PRIVILEGE
The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are assailed, questioned or impugned.
4.6 CONFLICT OF INTEREST
All Councilmernbers are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflict of interest codes adopted by the Council. Any Councilmember prevented from voting because of a conflict of interest shall refrain from debate and voting. Such Councilmember shall leave the Council Chambers during debate and voting on the issue, except that a Councilmember may stay at the dais and recuse from voting on an item on the Consent Agenda so long as the item is not removed from the Consent Agenda for discussion.
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SECTION 5. ADDRESSING THE COUNCIL
5.1 MANNER OF ADDRESSING THE COUNCIL
(a) Any member of the public desiring to address the City Council shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he/she shall state his/her naive and address for the record.
(b) All remarks and questions shall be addressed to the Chair or the City Council as a whole and not to any individual Councilmeinber, staff member or other person.
During a public hearing, all remarks shall be Iimited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer. (c) Any member of the City Council who has been recognized by the Presiding Officer of the City Council for such purpose may address or respond to a member of the public who has addressed the City Council pursuant hereto. Such address or response shall not exceed three (3) minutes in length, and shall be deemed to express the individual position or opinion of the Councilmember offering the same and shall not be construed to bind the City Council or the City in any manner. Unless otherwise directed by the City Council, the restrictions imposed by this Subsection (c) shall apply only to those portions of the Council Agenda during which members of the public are permitted to make oral communications to the Council.
5.2 TIME LIMITATION
Any member of the public desiring to address the Council shall limit his/her statement to three (3) minutes unless further time has been granted by the Presiding Officer in the individual case. Speakers will not be permitted to cede time to another speaker.
5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE
After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing pennission by a majority vote of the Council.
5A LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS
The making of oral communications to the Council by any member of the public during the "Public Comment" portion of the agenda shall be subject to the following limitations;
5.4.1 At any time, before or after the oral communication is commenced, the Presiding Officer may, if he/she deems it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff members during regular business hours, or in writing for subsequent submittal to Councilmembers,.
5.4.2 When a topic which is currently before or about to be submitted for consideration by a City Commission, Board or other agency, speakers are encouraged to make their presentations to latter body until such time as that body has completed its deliberations and taken its final action, and make comments to the City Council if and when the topic is scheduled for City Council consideration.
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5.4.3 The Presiding Officer may limit the number of speakers heard on non - agenda topics at a single meeting when it appears the time for non -agenda topics may exceed 30 minutes. Those whose presentations are postponed shall be given priority at the next meeting during the "Public Comment" agenda item.
5.4.4 If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesperson.
5.4.5 Charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference which tends to identify him/her, should first be submitted to the City Manager for appropriate action, and may also be submitted to members of the City Council by written communication.
5.5 WRITTEN CORRESPONDENCE
The City Manager is authorized to receive and open all mail addressed to the City Council as a whole and give it immediate attention to the end that all administrative business referred to in said communications, and not necessarily requiring City Council action, may be disposed of between City Council meetings. A copy of such communication shall be provided to each Councilmernber marked "Information Only."
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.
Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of City ordinances.
Copies of all other communications sent to the Council will be transmitted to them.
SECTION 6, RULES OF ORDER
Except as may otherwise be adopted by the City Council or as may otherwise be provided by applicable provisions of state law or federal law, the conduct of City Council meetings shall be governed by the system of parliamentary procedures set forth in the latest revised edition of Rosenberg's Rules of Order. Irregularities or mistakes in the application or practice of such order or parliamentary procedures in general shall not invalidate an otherwise legal decision or action of the City Council as the Rules of Order are directory rather than mandatory. The current version as of the date of the adopt of this Resolution is appended hereto as Appendix "A" for reference.
SECTION 7. QUASI-JUDICIAL HEARINGS
Except as may otherwise be adopted by the City Council or as may otherwise be provided by applicable provisions of state law or federal law, the conduct of quasi-judicial hearings shall be governed by the rules set forth in Appendix `B" attached hereto.
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PASSED, APPROVED AND ADOPTED this 13th day of March, 2023.
ATTEST:
City Clerk
Resolution No. 2023-07
Justin Beaver, Mayor
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Resolution No. 2023-07
APPENDIX A
Rosenberg's Rules of Order
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Rosenberg's Ryles of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
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LEAGUE*
.H`A
C1TIIS
MISSION AND CODE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
VISION
'robe recognized and respected as the leading advocate for the common interests of California's cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California's incorporated cities.
The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents. In addition to advocating on cities' behalf at the state capitol, the league provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
02011 LcaprofCaTifomrn Crlirs Ali rightsreserved,
ABOUT THE AUTHOR
Dave Rosenberg is a Superior Court fudge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Hoard of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor, He has served on the senior staff of two govenuors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-5olano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
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TABLE OF CONTENTS
Aboutthe Author............................................................................................................ii Introduction....................................................................................................................2 Establishinga Quorum...................................................................................................2 TheRole of the Chair...................................................................................................... 2 The Basic Format for an Agenda Item Discussion........................................................2 Motionsin General.........................................................................................................3 The Three Basic Motions................................................................................................3 Multiple Motions Before the Body.................................................................................4 ToDebate or Not to Debate............................................................................................4 Majorityand Super -Majority Votes...............................................................................5 CountingVotes................................................................................................................5 The Motion to Reconsider..............................................................................................6 Courtesyand Decorum..................................................................................................7 Special Notes About Public Input..................................................................................7 540
INTRODUCTION
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert's Rules of Oder— which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose, if one is chairing or running a parliament, then Robert's Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five -member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.
Hence, the birth of Rosenberg's Rules of Order.
What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the Z Ist Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg's Rules in lieu of Robert's Rules because they have found them practical, logical, simple, easy to learn and user friendly.
This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:
1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
2. [rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do .not :Fully participate.
3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.
4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority xules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.
A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five -member body a quorum is three.
When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.
The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five -member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.
The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.
Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full tight to participate in the debate, discussion and decision -making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time,
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.
Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed -upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:
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First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.
Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.
Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.
Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.
If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case :may be, is closed).
Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.
Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.
Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.
This is done in one of three ways;
1. The chair can ask the maker of the motion to repeat its
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the motion.
Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no treed to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
Ninth, the chair takes a vote. Simply asking for the "ayes" and then asking for the "nays" normally does this. If members of the body do not vote, then they "abstain." Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.
Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion, This announcement might take the following form; "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a IO-day notice for all future meetings of this body."
Motions in General
Motions are the vehicles for decision making by a body, It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.
Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member's desired approach with the words "I move . , . "
A typical motion might be: "I move that we give a 10-day notice in the future for all our meetings."
The chair usually initiates the motion in one of three ways:
1. Inviting the members of the body to make a motion, for example, "A motion at this time would be in order."
2. Suggesting a motion to the members of the body, "A motion would be in order that we give a 10-day notice in the future for all our meetings!
3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do SO only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common and recur often at meetings:
The basic motion. The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a five -member committee to plan and put on our annual fundraiser."
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The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be. "I move that we amend the motion to have a 10-member committee."A motion to amend takes the basic motion that is before the body and seeks to change it in some way.
The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year."
"Motions to amend" and "substitute motions" are often confused, but they are quite different, and their effect (if passed) is quite different.
A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is left to the chair. 5o if a member makes what that member calls a "motion to amend," but the chair determines that it is really a "substitute motion," then the chair's designation governs.
A "friendly amendment" is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, "I want to suggest a friendly amendment to the motion." The member suggests the friendly amendment, and if the maker and the person who seconded the motion, pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.
MuItiple Motions Before the Body
There can be up to three motions on the floor at the same time.
The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.
When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic ,'motion to have a five -member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a I0-member committee, not a five -member committee to plan and put on our annual fundraiser. "And perhaps, during that discussion,a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year!'The proper procedure would be as follows:
First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken First on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.
Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.
Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five -member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.
There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):
Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.
Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which maybe a few minutes or an hour. It requires a simple majority vote.
Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "1 move we adjourn this meeting at midnight" It requires a simple majority vote. 543
Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold." The motion can contain a specific time in which the item can come back to the body. "I move we table this item until our regular meeting in October." Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.
Motion to limit debate. The most common form of this motion is to say, "I move the previous question" or "I move the question" or "I call the question" or sometimes someone simply shouts out "question;' As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a "request" rather than as a formal motion. The chair can simply inquire of the body, `"any further discussion?" If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.
However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the "question" as a formal motion, and proceed to it.
When a member of the body takes such a motion ("I move the previous question"), the member is really saying: "I've had enough debate. Let's get on with the vote" When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.
MOTE: A motion to limit debate could include a time limit. For example: "I move we limit debate on this agenda item to 15 minutes." Evert in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.
Majority and Super Majority Votes
hi a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven -member body, a vote of 4-3 passes the motion. A. vote of 3.3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.
All motions require a simple majority, but there are a few exceptions.
The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:
Motion to limit debate. Whether a member says, "I move the previous question," or "I move the question," or "I call the question;' or "I move to limit debate," it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.
Motion to object to the consideration of question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non -club members. A motion to suspend the rules would be in order to allow a non -club member to attend a meeting of the club on a particular date or on a particular agenda item.
Counting Votes
The matter of counting votes starts simple, but can become complicated.
Usually, it's pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five -member body, if the vote is three in favor and two opposed, the motion passes. if it is two in favor and three opposed, the motion is defeated.
If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the "no'votes and double that count to determine how many "yes" votes are needed to pass a particular motion. For example, in a seven -member body, if two members vote "no" then the "yes" vote of at least four members is required to achieve a two-thirds majority vote to pass the motion,
What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five -member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.
Vote counting starts to become complicated when members vote "abstain" or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.
In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in 544
California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements, Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.
After consulting state statutes, step number two is to check the rules of the body. if the rules of the body say that you count votes of "those present" then you treat abstentions one way. However, if the rules of the body say that you count the votes of those "present and voting," then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are "present and voting." Accordingly, under the "present and voting" system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining: quorum (they are "present"), but you treat the abstention votes on the motion as if they did not exist (they are not "voting"). On the other hand, if the rules of the body specifically say that you count votes of those "present" then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like "no" votes.
How does this work in practice?
Here are a few examples.
Assume that a five -member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are "present and voting." If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails,
Assume a five -member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.
If the vote is 3-2, the motion fails for lack of a two-thirds majority, If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three "yes," one "no" and one "abstain" also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote,
Now, change the scenario slightly. Assume the same five -member city council voting, on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members "present." Under this specific rule, we must count the members present not only for quorurn but also for the motion. In this scenario, any abstention has the same force and effect as if it were a "no" vote. Accordingly, if the votes were three "yes;' one "no" and one "abstain," then the motion fails. The abstention in this case is treated like a "no" vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
Now, exactly how does a member cast an "abstention" vote? Any time a member votes "abstain" or says, 1 abstain," that is an abstention. However, if a member votes "present" that is also treated as an abstention (the member is essentially saying, "Count me Far purposes of quorum, but my vote on the issue is abstain.) In fact, any manifestation of intention not to vote either "yes" or "no" on the pending motion maybe treated by the chair as an abstention, If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.
Can a member vote "absent" or "count me as absent?" Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually "absent." That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particulatly if the person does not actually leave the dais,
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.
A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.
First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was First voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.
If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. 545
Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.
Can a member of the body interrupt the speaker? The general rule is "no:' There are, however, exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be,"point of privilege" The chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room maybe too hot or too cold, or a blowing fan might interfere with a person's ability to hear.
Order. The proper interruption would be,"point of order." Again, the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
,Appeal. if the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, "return to the agenda." If a member believes that the body has drifted from the agreed -upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed.
Withdraw a motion. wring debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.
Special Notes About Public Input
The rules outlined above will help make meetings very public - friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
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APPENDIX B
Quasi -Judicial Rules of Procedure
APPENDIX E — Procedural Rules for Quasi -Judicial Hearings Rule 1- Hearing Procedures
1.01 The Mayor shall announce the agenda item number and state the subject of the agenda item. The Mayor shall then identify that the agenda item is a quasi-judicial hearing and announce that the hearing is open.
1.02 The Mayor shall direct the City Clerk to administer the following oath to any person that desires to testify before the City Council on the item:
"Any member of the public wishing to address this City Council on this item please stand and raise your right hand."
The City Clerk shall then administer the following oath:
"Do you solemnly affirm that the testimony you are about to give before the City Council will be the truth, the whole truth, and nothing but the truth? If so, please say'l do."'
1.03 The Mayor shall then request that the members of the City Council disclose any communications they have had under Rule 6.
1.04 The Mayor shall then invite the City Manager, or other appropriate City staff member, to report on the item including any recommendation that they might have. The City Manager, or other appropriate City staff member shall have a reasonable amount of time, not to exceed fifteen (15) minutes, to report on the item.
1.05 The Mayor shall then ask members of the City Council if they have any questions for the City staff giving the report. At this point, the members of the City Council may ask clarifying questions to the City staff person who reported on the item and City staff shall be given a reasonable amount of time to respond.
1.06 The Mayor shall then invite the applicant or appellant, if any, to provide evidence and testimony on the item. The applicant or appellant shall have a reasonable amount of time, not to exceed fifteen (15) minutes, to provide evidence and testimony.
1.07 The Mayor shall then ask members of the City Council if they have any questions for the applicant or appellant. At this point, the members of the City Council may ask clarifying questions to the appellant or applicant and they shall be given time to respond.
1.08 The Mayor shall then invite the respondent, if any, to provide evidence and testimony on the item. The respondent shall have a reasonable amount of time, not to exceed fifteen (15) minutes, to provide evidence and testimony.
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1.09 The Mayor shall then ask members of the City Council if they have any questions for the respondent, At this point, the members of the City Council may ask clarifying questions to the respondent and they shall be given time to respond.
1.10 The Mayor shall then invite any members of the public to provide evidence and testimony on the item. The Mayor shall inquire as to whether the member of the public has been sworn in and request that they state their name and address for the record. Members of the public shall have a reasonable amount of time, not to exceed three (3) minutes, to provide evidence and testimony.
1.11 The Mayor shall then invite the respondent back, if any, to provide any rebuttal evidence and testimony. The respondent shall have a reasonable amount of time, not to exceed five (5) minutes, to provide rebuttal evidence and testimony.
1.12 The Mayor shall then ask members of the City Council if they have any final questions for the respondent..A.t this point, the members of the City Council may ask clarifying questions to the respondent and they shall be given a reasonable amount of time to respond.
1.13 The Mayor shall then invite the applicant or appellant, if any, to provide any rebuttal evidence and testimony. The applicant or appellant shall have a reasonable amount of time, not to exceed five (5) minutes, to provide rebuttal evidence and testimony.
1.14 The Mayor shall then ask members of the City Council if they have any final questions for the applicant or appellant. At this point, the members of the City Council may ask clarifying questions to the appellant or applicant and they shall be given a reasonable amount of time to respond.
1.15 The Mayor shall then announce that the hearing is closed and invite a motion for the City Council to consider. The Mayor shall announce the name of the member of the City Council who makes the motion. The Mayor shall then invite a second to the motion and announce the name of the member of the City Council who seconds the motion.
1.16 The Mayor shall then invite members of the City Council to discuss the motion. If there is no desired discussion, or after the discussion has ended, the Mayor shall then announce that the City Council will vote on the motion. If there has been no discussion or only brief discussion, the vote may proceed immediately. If there has been substantial discussion, the Mayor may ask the City Clerk to read the motion before the vote is taken.
1.17 The City Council shall memorialize the decision in writing and may instruct the City Attorney to prepare a written decision for approval during a subsequent meeting of the City Council.
Rule 2 - Hearings Are 11n1'ormal; Rules of Evidence
Quasi-judicial hearings before the City Council are intended to be informal in nature and accessible to inembers of the public. Fonnal rules of evidence and discovery do not apply.
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Rule 3 - Records of Proceedings
The City Clerk shall record all quasi-judicial hearings by audio and/or video recording device, as available.
Rule 4 - Time Limits
Notwithstanding the time limits contained in Rule 1 above, the Mayor shall give City staff providing the report on the item, the applicant, appellant, or respondent, and any other person with a direct interest in the decision sufficient time to provide evidence and testimony, and may, at the discretion of the Mayor, allow for additional time.
Rule 5 - Oaths; Identification
Any person wishing to provide testimony during a quasi-judicial hearing may do so without the oath described in these Rules being administered or providing their name and address. The City Council may determine both the weight and credibility given to unsworn or anonymous testimony.
Rule 6 -- Communications
6.01 Members of the City Council may receive information relevant to the item through communications with any person prior to the hearing. These communications are known as "ex parte communications" and are substantive oral or written communications concerning quasi- judicial matters that occur outside of the quasi-judicial hearing. Such communications raise due process concerns for the parties involved in the hearing, When members of the City Council have had ex parte communications relevant to the quasi-judicial hearing, the Member of the City Council shall disclose the communication and the substance of the information received at the beginning of the hearing.
6.02 While the hearing is before the City Council, there shall be no communication, direct or indirect, regarding any issue in the proceeding, to the members of the City Council, without notice and an opportunity for all persons present at the hearing to participate in the communication.
6.03 Ex parte communications after the hearing has closed and before the final decision is rendered are prohibited because there is no opportunity for rebuttal.
Rule 7 Attention
The Members of the City Council shall be attentive to the evidence and testimony being presented, Rule S - Identification of Quasi -Judicial Matters on the Agenda The City Manager, in consultation with the City Attorney, will identify agenda items involving quasi-judicial decisions on the agenda for the City Council for informational purposes only with reference given to these Rules. Failure to so identify the item shall not be grounds for continuance or invalidation of the decision.
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