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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