HomeMy WebLinkAbout010-82 4,
~-~ RESOLUTION NO. 10-~i2
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DANVILLE
ESTABLISHING RULES FOR THE CONDUCT OF MEETINGS
OF THE CITY COUNCIL OF THE CITY OF DANVILLE
WHEREAS, Section 36813 of the Government Code, State of California,
authorizes a City Council to establish rules for the conduct of its meetings;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of
Danville hereby adopts the following rules:
1. REGULAR MEETINGS.
(a) Time. Regular meetings of the City Council shall be held on the
first and third Monday of each month at the hour of 7:30 p.m. Whenever the
day fixed for any regular meeting of the Council, falls upon a day designated
as a holiday, such meeting may be held at the same hour on the next succeeding
day not a holiday.
(b) Place. All regular meetings of the Council shall be held in the
place designated by ordinance.
(c) Public. All meetings of the Council shall be open to the public;
provided, however, the City Council may hold closed sessions as provided by the
laws of the State of California.
2. SPECIAL MEETINGS. A special meeting may be ordered at any time by the
Mayor whenever the public business may require it or upon the written request of
any three members of the Council. Whenever a special meeting shall be called,
written notice of such meeting shall be delivered personally or by mail by the
City Clerk to each member of the Council and to each local newspaper of general
circulation and radio station requesting notice in writing. Such notice must be
delivered at least twenty-four hours before the time of such meeting as specified
in the notice. The order shall specify the time and place of the special meeting
and the business to be transacted. No other business shall be considered at such
meetings by the Council. The written notice may be dispensed with as to any
member of the Council who, at or prior to the time the meeting convenes, files
with the City Clerk a written waiver of notice ..... ,
3, AGENDA. In order to facilitate the orderly conduct of the business
of the Council, the City Clerk shall be notified no later than 11:00 a.m. of
the Wednesday immediately preceding a regular Council meeting of all reports,
communications, ordinances, resolutions, contract documents or other matters
to be submitted to the Council at such meeting. Immediately thereafter the
City Clerk shall arrange an agenda of such matters according to the order of
business and furnish each member of the Council, the City Manager and the City
Attorney with a copy of the agenda prior to the Council meeting and as far in
advance of the meeting as time for preparation will permit. The clerk shall also
post copies of the agenda at the places specified by resolution for the posting
of ordinances. Persons who wish to receive copies of the agenda by mail may
receive them by payment of$!O. 00 per year.
The City Clerk shall mark with the word "Consent" or identify with an
asterisk those items on the agenda regarding which it can reasonably be ex-
pected that there will be no discussion by members of the City Council, the
City staff or interested persons in the audience. The Council shall consider
all of the items on the agenda marked "consent" at one time by vote after a
motion has been duly made and seconded. If any member of the City Council or
City staff or any interested person in the audience requests that a consent
item be removed from the list of consent items, such item shall be taken up
for consideration and disposition in the order in which it is listed on the
agenda.
4. THE PRESIDING OFFICER. The Mayor shall preside at all its meetings
and perform such other duties consistent with the office as may be imposed by
the Council. The Mayor shall be recognized as the official head of the City
for all ceremonial purposes, by the courts for the purpose of serving civil
process and by the Governor for military purposes. In the time of public
danger or emergency, the Mayor may, with the consent of the Council, cause
order to be maintained and enforce laws.
The Mayor shall preserve strict order and decorum at all regular and
special meetings of the council. The Mayor may announce special rules for
the consideration of a particular item on the agenda, such as, but not limited
to; the length of time persons may speak, require that, if desirable, a spokesman
address the council on behalf of a group of persons and, in the event of a hearing,
provide time for arguments and rebuttals from proponents and opponents. The Mayor
shall state every question coming before the Council, call for the vote, announce
the decision of the Council on all subjects and decide all questions of order,
subject, however, to an appeal to the Council, in which event a majority vote of
the Council shall govern and conclusively determine such question of order. The
Mayor shall sign all ordinances adopted by the Council during his presence. In
the event of the absence of the Mayor, the Mayor Protem shall sign ordinances as
then adopted.
5. CALL TO ORDER. The Mayor, or in his absence, the Mayor Protem, shall
take the chair precisely at the hour appointed for the meeting, and shall immed-
iately call the Council to order. In the absence of the Mayor or Mayor Protem,
the City Clerk shall call the Council to order whereupon a temporary chairman
shall be elected by the members of the Council present. Upon the arrival of the
Mayor or Mayor Protem, the temporary chairman shall immediately relinquish the
chair upon the conclusion of the business immediately before the Council.
6. ATTENDANCE. Before proceeding with the business of the Council, the
City Clerk shall enter into the minutes the names of the members present or absent.
No formal roll call need be taken.
7. QUORUM. A majority of the members of the Council shall constitute a
quorum for the transaction of business, but a lesser number than a quorum may
adjourn from time to time. The council may adjourn any regular, adjourned regular,
special or adjourned special meeting to a time and place specified in the order
of adjournment. If all members are absent from any regular or adjourned regular
meeting, the City Clerk may declare the meeting adjourned to a stated time and place.
The City Clerk shall cause written notice of the adjournment to be given in
the same manner as provided for special meetings unless the notice is waived
as provided for special meetings. A copy of the order or notice of adjournment
shall be posted at the City Office and other places designated by the Council
within twenty-four hours after the time of adjournment. Whenever a regular or
adjourned regular meeting is adjourned as provided in this section, the resulting
adjourned regular meeting is a regular meeting for all purposes. When an order
of adjournment of any meeting fails to state the hour at which the adjournment
meeting shall be held, it shall be held at the hour specified for regular meetings.
A regular meeting shall stop at 11:00 p.m. unless the Council votes to extend it
in 30 minute increments.
8. ORDER OF BUSINESS. Promptly at the hour set on the day of each regular
meeting, the members of the Council, City Clerk and City Manager shall take their
regular stations in the Council Chambers and the business of the Council shall be
taken up for consideration and disposition in the following order except that the
unanimous consent of the Council, matters may be taken up out of order:
1. Call to order.
2. Pledge of allegiance to the Flag and invocation.
3. Approval of minutes of previous meeting.
4. Oral communications.
5 Written communications.
6 Consent items.
7 Unfinished business.
8 New Business
9 For the good of the Town.
10 Adjournment.
9. READING OF MINUTES. Unless the reading of the minutes of a council
meeting is requested by a member of the Council, such minutes may be approved
without reading if the Clerk has previously furnished each member with a copy
thereof.
10. RULES OF DEBATE.
(a) Presiding Officer may debate. The Mayor or such other member of
the Council as may be presiding may move, second and debate from the chair,
subject only to such limitations of debate as are these rules imposed upon all
members. The Mayor shall not be deprived of any of the rights and privileges
of a Councilmember by reason of acting as the Presiding Officer.
(b) Getting the floor. Every member desiring to speak shall address
the chair, and, upon recognition by the Presiding Officer, shall confine remarks
to the question under debate.
(c) Interruptions. A member once recognized shall not be interrupted
when speaking unless it be to call him to order, or as herein otherwise provided.
If a member, while speaking, be called to order, the member shall cease speaking
until the question of order be determined, and, if in order, shall be permitted
to proceed.
(d) Privilege of closing debate. The Councilmember moving the
adoption of an ordinance or resolution shall have the privilege of closing
the debate if such a motion appears desirable.
(e) Motion to reconsider. A motion to reconsider any action taken
by the Council may be made no later than the next regular meeting. It may be
made either immediately during the same session, or at a recessed or adjourned
session thereof. Such motion must be made by one of the prevailing side, but
may be seconded by any member, and may be made at any time and have precedence
over all other motions or while a member has the floor; it shall be debatable.
Nothing herein shall be construed to prevent any member of the Council from
making or remaking the same or other motion at a subsequent meeting of the
Council.
(f) Remarks of Councilmember. A Councilmember may request through
the Presiding Officer, the privilege of having an abstract of his statement
on any subject under consideration by the Council entered in the minutes. If
the Council consents thereto, such statement shall be entered in the minutes.
(g) Synopsis of Debate. The Clerk may be directed by the Presiding
Officer with the consent of the Council, to enter in the minutes a synopsis
of the discussion on any question coming regularly before the Council.
(h) Rules of Order. Except as otherwise provided in this resolution,
the current edition of "Roberts Rules of Order" shall govern the conduct of the
meeting of the City Council.
ll. ADDRESSING THE COUNCIL. Any person desiring to address the Council at
a meeting shall first secure the permission of the Presiding Officer so to do;
provided, however, that under the following headings of business, any qualified
and interested person shall have the right to address the Council upon obtaining
recognition by the Presiding Officer.
(a) Written Communications. Interested persons or their authorized
representative may address the Council by written communication on any matters
concerning the City's business. Such written communication shall be delivered
to the City Clerk no later than 11:00 A.M. of the Wednesday immediately preced-
ing the regular Council meeting the agenda for which such written communication
is intended.
(b) Oral Communications. Interested persons in the audience or their
authorized representatives may address the Council by oral communications on
any matters over which the Council has control; provided, however, that preference
shall be given to those persons who have notified the City Clerk in advance of
their desire to speak in order that the same may appear on the agenda of the
Council.
12. ADDRESSING THE COUNCIL AFTER MOTION MADE. After a motion is made by
the Council, no person shall address the Council without first securing the
permission of the Presiding Officer so to do.
13. MANNER OF ADDRESSING COUNCIL. Each person addressing the Council
shall stand at the podium, if one is available, and give his or her name and
address for the record. All remarks shall be addressed to the Council as a
body and not to any member thereof. No person, other than the Council and
person having the floor, shall be permitted to enter into any discussion,
either directly or through a member of the Council, without the permission
of the Presiding Officer. No question shall be asked a Councilmember except
through the Presiding Officer. No person may address the Council for more
than five minutes unless the Presiding Officer allows more time.
14. VOTING.
(a) Members of the Council shall vote by "voice vote" on all
ordinances, resolutions and other matters unless a roll call vote is required
by law or is requested by a Council member. Silence shall be recorded as an
affirmative vote. The Presiding Officer shall announce the results of the
vote. The clerk shall show on ordinances and resolutions the names of Council
members voting "Aye" and "No".
(b) The vote on any matter being considered by the Council may be
delayed by the Presiding Officer until all members of the Council present
for a meeting, and not excused, are present at the Council table.
(c) A member of the Council who has a conflict of interest regarding
any matter being considered by the Council shall declare the conflict and
excuse himself or herself from participating in the Council's deliberations
and decision regarding that matter.
15. ORDER AND DECORUM.
(a) By Council Members. While the Council is in session, the members
must preserve order and decorum, and a member shall neither by conversation
or otherwise, delay or interrupt the proceedings or the peace of the Council
nor disturb any member while speaking or refuse to obey the order of the
Council or its Presiding Officer, except as otherwise herein provided.
(b) By Other Persons. Any person making personal, impertinent, or
slanderous remarks or who shall become boisterous while addressing the Council
or who shall by conversation or otherwise, delay or interrupt the proceedings
or the peace of the Council or disturb any member while speaking or refuse to
obey the orders of the Council or its Presiding Officer shall be forthwith,
barred by the Presiding Officer, from further audience before the Council,
unless permission to continue be granted by a majority vote of the Council.
(c) Enforcement of Order and Decorum. A law enforcement officer may
be designated as Sergeant-at-Arms of the Council meetings when requested by
the Presiding Officer. The officer shall carry out all orders and instructions
given at the Council meeting. Upon instruction of the Presiding Officer, it
shall be the duty of the Sergeant-at-Arms, as to any person who violates the
order and decorum of the meeting, to remove and bar such person from the Council
meeting. Violation of the order and decorum of a Council meeting is a misdemeanor.
(d) Smoking. Smoking shall not be permitted in the Council Chambers
during the meetings of the Council.
16. SPECIAL COMMITTEES. All special committees shall be appointed by the
Presiding Officer with the approval of the Council
17. PROTESTS. Any Council member shall have the right to have the reasons
for his dissent from or protest against, any action of the Council entered on
the minutes.
18. ADJOURNMENT. A motion to adjourn shall always be in order and decided
without debate.
PASSED, APPROVED AND ADOPTED this 8th day of July, 1982 by the following
vote:
AYES: LANE, MAY, MC NEELY, OFFENHARTZ, SCHLENDORF
NOES: NONE
ABSENT: NONE
........ City Clerk ,.y