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HomeMy WebLinkAbout169-96 superseded RESOLUTION NO. 169-96 AMENDING THE DANVILLE TOWN COUNCIL RULES OF PROCEDURE WHEREAS, on July 8, 1992, the Danville Town Council adopted Rules of Procedure for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 desirable to further amend such Rules of Procedure to correct inconsistencies and clarify certain passages; and WHEREAS, it is necessary to allow the Town Council to vote whether or not to consider new agenda items after 11:00 p.m.; and WHEREAS, it is necessary to allow the Town Council to vote whether or not to hold regularly scheduled meetings on days in which election polls are open in Danville; now, therefore, be it RESOLVED, by the Danville Town Council that the amended Rules of Procedure attached as Exhibit I to this Resolution are hereby adopted. APPROVED by the Danville Town Council at a Regular Meeting on December 17, 1996, by the following vote: AYES: Doyle, Waldo, NOES: None ABSTAINED: None ABSENT: None Arnerich, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK DANVILLE TOWN COUNCIL RULES OF PROCEDURE 1. REGULAR MEETINGS. (a) Time. Regular meetings of the Town Council shall be held on the first and third Tuesdays of each month at the hour of 7:30 p.m. Whenever the day fixed for any regular meeting of the Town Council falls upon a day designated as a holiday or an election day in which polls are open in Danville, the Town Council may, at its discretion, hold such meeting at the same hour on a succeeding day selected by the Town Council. (b) Place. All regular meetings of the Town Council shall be held in the place designated by ordinance. (c) Public. All meetings of the Town 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 Town Council, the City Clerk shall, no later than 5:00 p.m. of the Wednesday immediately preceding a regular Town 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 Town Council, the Town Manager and the City Attorney with a copy of the agenda prior to the Town Council meeting and as far in advance of the meeting as time for preparation will permit. The City Clerk shall also post copies of the agenda at the following locations: 1. Danville Town Offices, 510 La Gonda Way 2. Danville Public Library, 400 Front Street 3. Danville Main Post Office, 2605 Camino Tassajara Persons who wish to receive copies of the agenda by mail may receive them by payment of $30.00 per year. REVISED 12/17/96 1 E:\MGR-CLRK\SUNSERI\POLICY. PRO EXHIBIT I TO RESOLUTION NO. 169-96 4. THE PRESIDING OFFICER. The Mayor shall preside at all Town Council meetings and perform such other duties consistent with the office as may be imposed by the Town Council. The Mayor shall be recognized as the official head of the Town 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 Town 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 Town 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 Town 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 Town Council, call for the vote, announce the decision of the Town Council on all subjects and decide all questions of order, subject, however, to an appeal to the Town Council, in which event a majority vote of the Town Council shall govern and conclusively determine such question of order. The Mayor shall sign all ordinances adopted by the Town Council during the Mayor's term of office. In the event of the absence of the Mayor, the Vice Mayor shall sign ordinances as then adopted. 5. CALL TO ORDER. The Mayor, or in the Mayor's absence, the Vice Mayor, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Town Council to order. In the absence of the Mayor or Vice Mayor, the City Clerk shall call the Town Council to order whereupon a temporary chairman shall be elected by the members of the Town Council present. Upon the arrival of the Mayor or Vice Mayor, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Town Council. 6. ATTENDANCE. Before proceeding with the business of the Town Council, the City Clerk shall enter into the minutes the names of the members present, absent or excused. REVISED 12/17/96 2 E:\MGR-CLRK\SUNSERI\POLICY.PRO 7. QUORUM. A majority of the members of the Town Council shall constitute a quorum for the transaction of business. The Town Council may adjourn any regular, adjourned regular, special or adjourned special meeting in accordance with the provisions of the Ralph M. Brown Act. After 11:00 p.m., agenda items will not be considered unless the Town Council votes by a simple majority to do so. 8. ORDER OF BUSINESS. Promptly at the hour set on the day of each regular meeting, the members of the Town Council, City Clerk and Town Manager shall take their regular stations in the Council Chambers and the business of the Town 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: . 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Call to Order Pledge of Allegiance to the Flag Changes to the Order of the Agenda For the Good of the Town Presentations Consent Calendar Communications Council Reports Public Hearings Administrative Staff Reports Adjournment The City Clerk shall mark with the word "Consent" 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 Town 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 Town 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 Town Council on matters not contained on the agenda during the portion of the agenda designated "For the Good of the Town." The Town Council shall not REVISED 12/17/96 3 E:\MGR-CLRK\SUNSERI\POLICY.PRO 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 Town Council. 9. READING OF MINUTES. Unless the reading of the minutes of a Town Council meeting is requested by a member of the Town Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof. Regular meetings of the Town Council shall be recorded on audio tape by the City Clerk, who shall retain the tapes for five years following the meeting at which they were recorded. The tapes shall constitute a supplement to the City Clerk's written minutes. 10. RULES OF DEBATE. (a) Presiding Officer May Debate. The Mayor or such other member of the Town 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) Motion to Reconsider. A motion to reconsider an action taken may only be made at the meeting at which the action was taken or at the next succeeding regular meeting of the Town Council. A motion to reconsider any action taken by the Town 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. (e) Remarks of the Councilmember. A Councilmember may request through the Presiding Officer, the privilege of having an abstract of his statement on any subject under REVISED 12/17/96 4 E: \MGR- CLRK\SUNSERI\POLICY.PRO consideration by the Town Council entered into the minutes. If the Town Council consents thereto, such statement shall be entered into the minutes. (f) 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. (g) 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. 11. ADDRESSING THE COUNCIL. Any person desiring to address the Town Council on an item appearing on the agenda must 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 Wednesday immediately preceding the regular Town Council meeting for which the written communication is intended. (b) Verbal Communications. Interested persons in the audience or their authorized representatives may address the Town Council by verbal communications on any matters over which the Town 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. 12. ADDRESSING THE COUNCIL AFTER MOTION MADE. After a motion is made by the Town Council, no person shall address the Town Council without first securing the permission of the Presiding Officer. 13. MANNER OF ADDRESSING COUNCIL. Each person addressing the Town Council shall give his or her name and address for the record. All remarks shall be addressed to the Town Council as a body and not to any member thereof. No person, other than the Town Council and person having the floor, shall be permitted to enter into any discussion, either direcfiy or through a member of the Town 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 Town Council for more than three minutes unless the Presiding Officer allows more time. 14. VOTING. REVISED 12/17/96 5 E:\MGR-CLRK\SUNSERI\POLICY.PRO (a) Members of the Town 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 aff~rmative vote. The Presiding Officer shall announce the results of the vote. The City 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 Town Council may be delayed by the Presiding Officer until all members of the Town Council present for a meeting, and not excused, are present at the Council table. (c) A member of the Town Council who has a conflict of interest regarding any matter being considered by the Town Council shall declare the conflict and excuse himself or herself from participating in the Town Council's deliberations and decision regarding that matter. 15. ORDER AND DECORUM. (a) By Councilmembers. While the Town 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 Town Council nor disturb any member while speaking or refuse to obey the order of the Town 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 Town Council or who shall by conversations or otherwise, delay or interrupt the proceedings or the peace of the Town Council or disturb any member while speaking or refuse to obey the orders of the Town Council or its Presiding Officer, shall be forthwith, barred by the Presiding Officer, from further audience before the Town Council, unless permission to continue be granted by a majority vote of the Town Council. (c) Enforcement of Order and Decorum. The Presiding Officer may designate a Town employee as Sergeant-at-Arms. The Presiding Officer shall carry out all orders and instructions given at the Town 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 Town Council meeting. Violation of the order and decorum of a Town Council meeting is a misdemeanor. REVISED 12/17/96 6 E:\MGR-GLRK\SUNSERI\POLICY.PRO (d) Smoking. Smoking shall not be permitted in the Council Chambers during the meetings of the Town Council. 16. SPECIAL COMMITTEES. All special committees of the Town Council shall be appointed by the Presiding Officer with the approval of the Town Council. 17. PROTESTS. Any Councilmember shall have the right to have the reasons for his dissent from, or protest against, any action of the Town Council entered into the minutes. 18. TERMS OF THE MAYOR AND VICE MAYOR. Beginning with the first regular meeting in December, 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 12/17/96 7 E: \MGR- CLRK\SUNSERIxxPOLICY.PRO