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HomeMy WebLinkAbout074-89 RESOLUTION NO. 74-89 ADOPTING REVISED TOWN COUNCIL RULES OF PROCEDURE WHEREAS, on July 8, 1982, the Danville Town Council adopted Rules of Procedure for the conduct of its regular and special meetings; and WHEREAS, from time to time the Town Council has amended such Rules of Procedure; and WHEREAS, it is necessary and desireable to further amend such Rules of Procedure to correct inconsistencies, clarify certain passages and comply with changes in state law; now, therefore, BE IT RESOLVED by the Town Council of the Town of Danville, that the amended Rules of Procedure, in the form as lodged with the City Clerk, is hereby adopted. PASSED, APPROVED AND ADOPTED this 5th day of June, 1989, by the following vote: AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF NOES · NONE ABSTAINED: NONE ABSENT: NONE TOWN OF DANVILLE RULES OF PROCEDURE 1. REGULAR MEETINGS. (a) Time. Regular meetings of the Town 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 a succeeding day selected by the Council. (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 Town Council may hold closed sessions as provided by the laws of the State of California. 2. SPECIAL MEETINGS. A special meeting may be called in accordance with the provisions of the Ralph M. Brown Act, California Government Code Sections 54950 et seq. 3. AGENDA. In order to facilitate the orderly conduct of the business of the Council, the City Clerk shall, no later than 5:00 p.m. of the Tuesday immediately preceding a regular Council meeting, be provided with all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Town Council at such a 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 Town 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 $20.00 per year. 4. THE PRESIDING OFFICER. The Mayor shall preside at all Council 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 Town for all ceremonial purposes, by the courts for the purpose of REVISED 6/7/89 1 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 the Mayor's presence. In the event of the absence of the Mayor, the Mayor Pro Tem shall sign ordinances as then adopted. 5. CALL TO ORDER. The Mayor, or in the Mayor's absence, the Mayor Pro Tem, shall take the Chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor or Mayor Pro Tem, 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 Pro Tem, 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 call the roll and enter into the minutes the names of the members present, absent or excused. 7. QUORUM. A majority of the members of the Council shall constitute a quorum for the transaction of business. The Council may adjourn any regular, adjourned regular, special or adjourned special meeting in accordance with the provisions of the Ralph M. Brown Act. A regular meeting shall stop at 11:00 p.m. unless the Council votes by a simple majority to extend it. REVISED 6/7/89 2 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 upon the order of the chair, matters may be taken up out of order: 1. Call to Order 2. Pledge of Allegiance to the Flag 3. Changes to the Order of the Agenda 4. Consent Calendar 5. For the Good of the Town 6. Presentations and Communications 7. Council Reports 8. Public Hearings 9. Administrative Staff Reports 10. Adjournment 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 expected that there will be no discussion by members of the Town Council, the Town 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 Town 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. Citizens may address the Council on matters not contained on the Agenda during the portion of the Agenda designated "For The Good of the Town." The Council shall not take any action during this portion of the Agenda. The Presiding Officer may order that a matter raised during the "For The Good of the Town" portion be placed on the Agenda of a subsequent meeting for consideration and action by the Council. 9. READING OF MINUTES. Unless the reading of theminutes 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. Regular meetings of the Council shall be tape recorded by the Clerk, who shall retain the tapes for five years following the meeting at which they were recorded. The tapes shall ~on~titut~ a ~uDDl~m~nt to th~ Clerk's written minutes. REVISED 6/7/89 3 10. RULES OF DEBATE. (a) Presidina 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 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 that member 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) Privileqe of Closinq 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 by a member 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. (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 Town Council. (i) Continuance. Any item on the Agenda may be continued to a subsequent meeting by a majority vote of those members present and eligible to vote on the matter. REVISED 6/7/89 4 11. ADDRESSING THE COUNCIL. Any person desiring to address the Council on an item appearing on the Agenda obtain recognition by the Presiding Officer. (a) Written Communications. Written communications shall be delivered to the City Clerk no later than 5:00 p.m. of the Tuesday immediately preceding the regular Town Council meeting for which the 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. 13. MANNER OF ADDRESSING COUNCIL. Each person addressing the Council shall 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 Councilmember. 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 Councilmembers voting "Aye" and "No". (b) The vote on any matter being considered by the Council may be d~l~y~d by the Pr~iding Officer until all members of the Council present for a meeting, and not excused, are present at the Council REVISED 6/7/89 5 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 Councilmembers. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation nor 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, bared 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. The Presiding Officer may designate any Town employee as Sergeant-at-Arms. 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) Smokinq. 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 Councilmember shall have the right to have the reasons for his dissent from, or protest against, any action of the Council entered on the minutes. REVISED 6/7/89 6 18. TERMS OF THE MAYOR AND VICE-MAYOR. (a) During the time period from March, 1988 through November, 1989 the terms of office shall be from March 21, 1988 to the second Town council meeting in January, 1989, and from the second Town Council meeting in January, 1989, to the first Town council meeting in December, 1989. (b) Thereafter, beginning with the first regular meeting in December, 1989, the term of office of the Mayor and Vice-Mayor is one year. The election or removal of a Mayor or Vice-Mayor requires three affirmative votes. 19. ADJOURNMENT. A motion to adjourn shall always be in order and decided without debate. REVISED 6/7/89 7