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HomeMy WebLinkAboutCC AG PKT 2009-09-28 #BAGEN®~ $1~AFF REP®RT DATE: September 28, 2009 TO: Honorable Mayor and City Council FROM: avid Carmany. City Manager SUBJECT: REVIEW OF COUNCIL RULES OF PROCEDURE SUMMARY OF REQUEST: Mayor Shanks has requested the City Council review the Council Rules of Procedure that set forth the order of business during City Council meetings (Attachment A). Staff has prepared a Council Policy for City Council review. BACKGROUND: On October 27th, 2003, the Seal Beach City Council adopted resolution #5179 (copy attached) that included a section that outlined the agenda order of business. Mayor Shanks has requested this matter be placed on the agenda to consider revising the policy and order of business. FISCAL IMPACT There is no fiscal impact. RECOMMENDATION: Discuss and take appropriate action. SUPPORTING DOCUMENTS: A) Resolution No. 5179 establishing procedural rules for City Council Meetings B) Draft revised Council Policy 100-03 establishing Council Rules of Procedure for City Council Meetings Agenda Item B RESOLUTION NUMBER _s~ ~, 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING PROCEDURAL RULES FOR CONDUCT OF COUNCIL MEETINGS. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES, HEREBY RESOLVE A5 FOLLOWS: Section 1. Regular Meetinas. Regular meetings of the City Council shall be held on the second and fourth Monday of each month at 7:00 p.m. (Established by Ordinance Number 1056 - City Charter Section 4D7). Section 2. Regular Adjourned Meetings. The City Council may adjourn or readjourn to a date and hour certain which shall be specified in the adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. (City Charter Section 407). Section 3. Special Meetings. Special meetings may be called at any time by the Mayor, or by a majority of the City Council, by delivering personally or by mail'; facsimile or other electronic trans'mis~sion'fw~itten notice to each councilman arid'~to each •1"o'ca~l newspaper of general c2=culationr, yad~o or television station requesting notice in writing. Notice must be r delivered=at' lea'~t 24 hours before the time of ttie:meeting as~;~pecified in the notice. The call ands notice shall specify the time and place of the sp coal meeting and the business to be transacted. No other business shall be considered. Written notice may be dispensed with as to any councilman who at or prior to the time the meeting convenes files with, the City Clerk a written waiver of notice. Such waiver may be given by telegram. Written notice may also be dispensed with as to any councilman who is actually present at the meeting at the time it convenes. (Reference City Charter Section 408). Section 4. Meetings to be Public -- Exception fo_r Closed Sessions. All regular and special meetings of the City Council shall be public. However, the City Council may hold closed sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters referred to in Government Code Sections 54950 et seq. No member of the City Council, employee of the City, or any other person present during a closed session of the Council shall disclose to any person the content or substance of any discussion which took place during the closed session unless the City council authorizes the disclosure of the information by majority vote. Resolution Number -~ r=, ~.. Section 5. order of Business. a) b) c) d) e) f) g) h) i) j) k) 1) m) n) o) Call to Order Pledge of Allegiance Roll Call Approval of Agenda Oral Communications Reports from Staff Council Comments Presentations/Proclamations Council Items Consent Calendar Items Removed from the Consent Calendar New Business Public Hearings Closed Session Adjournment The order of business shall not be changed except by majority vote of the City Council. r-;. ~%'`: Section 6. Waiver of Reading - Ordinances and Resolutions in Full. Full reading of all ordinances and resolutions adopted at a regular or adjourned meeting may be waived by unanimous vote of the City Council by one motion (e.q. during approval of the consent calendar). Any member of the public may request full reading of resolutions or ordinances with consent of the Council. (City Charter Section 412). Section 7. Ordinances. Prior Approval by Administrative Staff, All ordinances, resolutions and contract documents shall, before presentation to the Council, be approved as to form and legality by the City Attorney and examined and approved for administration by the City Manager or his representative. Section 8. Readina of Minutes. Unless a reading of the minutes of a council meeting is requested by a member of the Council, the minutes may be approved without reading if the City Clerk has previously furnished each member with a copy. Directions for changes in the minutes shall be made only by a majority action of the City Council. Section 4. Rules of Debate. a) Presiding officer may debate and vote, etc. The Mayor or other member of the Council presiding may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a councilmember by reason for his/her acting as the presiding officer. b) Getting the Floor -- Improper References to be Avoided. Every member desiring to speak Resolution Number ='-~- recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. c) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it be to call him to order, or as otherwise grovided in these rules. If a member, while speaking, is called to order, he shall stop speaking until the question of order is determined, and, if in order, he shall be permitted to proceed. dj Motion to reconsider. A motion to reconsider action taken by the Council may be made only on the date action was taken or at the next subsequent meeting. It may be made whether immediately during the same session, or at a recessed or adjourned session. This 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 motion or while a member has the floor; it is debatable. Nothing in these rules prevents a member of the Council from making or remaking the same of any other motion at a subsequent meeting of the Council. e) Remarks of Councilmember - When Entered in "~ Minutes. 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. f) Limitation of Debate. No councilmesnber shall be allowed to speak more than once upon a particular subject until every other, councilmember desiring to do so has spoken. g) Councilmembers shall limit their comments under City Council Items to no more than fifteen (15) minutes each and such time limit shall also be imposed on other City Council agenda items. Section 10. Consent Calendar. Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to approval of the agenda, a member of the Council, staff or public, requests a specific item be removed from the Consent Calendar for separate action. Section 11. Manner of Addressing Council. a) Each person desiring to address the Council shall approach the podium and when recognized by the chair shall step to the microphone, state his/her name and address for the record, state the subject he/she wishes to discuss, state whom he/she is representing if he/she represents an Resolution Number O ( ~Q organization or other persons, and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to no more than five (5) minutes. All remarks shall be addressed to the Council as a whole and not to an individual member. No question shall be asked of a councilmember or a member of the City staff without the permission of the presiding officer. b) The presiding officer shall not recognize the same person to speak more than once on the same subject except at the discretion of the City Council unless that person is deemed to be able to give expert advice needed by the Council in their deliberations. c) Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, the presiding officer may request that a spokesman be chosen by the group to address the Council and, in case additional matters are to be presented by any other member of the group, to limit the number of persons addressing the Council. d) After Motion. After a motion is made by a councilmember, it may be seconded for discussion, and such discussion limited by councilmembers, or to include discussion by the public, and the second shall so state. Discussion on the subject shall then be limited to the Council unless a Council majority requests that hearing from the public is in order at that time. Hearing from the public shall be closed by order of the chairman and thereafter no member of the public shall interrupt or address the Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the City Council. Section 12. Rules of Decorum. a) Councilmembers. 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 a member while speaking or refuse to obey the orders of the presiding officer. b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum applicable to the City Council. Members of the City staff may leave their seats during a meeting without Resolution Number first obtaining the permission of the presiding officer. c) Persons Addressing the Council. A person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the presiding officer and, if such conduct continues, may at the discretion of the presiding officer be ordered barred from further audience before the Council during that meeting. d) Members of the Audience. A person in the audience who engages in disorderly conduct such as stamping of feet, whistling, using profane language, yelling, or any other type of demonstration, the conduct of which disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, shall, upon instructions from the presiding officer, be removed from the Council 'Chambers by the Sergeant at Arms. Section 13. Enforcement of Decorum. The Chief of Police, or such member of the police department as he may designate, is Sergeant at Arms of the City Council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings. A councilmember may move to require the presiding officer to enforce the rules and the affirmative vote if a majority of the Council shall require him/her to do so. (Reference City Charter Section 410). Section 14. Failure to Vote. Every councilmember present shall vote unless he disqualifies himself by reason of conflict of interest. An abstention is an indication that a councilmember does not wish his/her position to become known, or he/she has no preference of position on the issue. For purposes of action of the Council, an abstention shall neither be counted for the majority nor for the minority and shall therefore have the effect in result of the vote when counted, as though no vote were cast. The recorded and published vote, however, shall show the abstention. Section 15. Tie Vote. Tie votes shall be lost motions and may be reconsidered. Section 16. Changing Vote. A member may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A councilmember who publicly announces that he is abstaining from voting on a particular matter may not subsequently withdraw his abstention. Resolution Number Section 17. Establishing Meeting Time Limit. The City Council shall got consider any new agenda item after 11:00 p.m. at any meeting. No later than 10:45 p.m. the City Council shall determine by a vote thereof to continue the meeting until the remaining agenda items are resolved, or reschedule the remaining items to a date certain prior to, the next meeting, or continue the items until the next meeting. Section 18. Final Adjournment Hour. The City Council shall adjourn any meeting no later than 11:59 p.m, on the date of said meeting. Section 19. Waiver of Adjournment Time. The provisions of Sections 17 and 18 may be waived for any individual item only upon a majority vote of the City Council. Section 20. Resolution Number 4792 is hereby rescinded. PASSED, APPROVED and ADOPTED by the City Council of the City of Sea Beach, Ca~forni , at a meeting the~Ceof held on the ~ day of (~ , 2003 by the following vote: AYES: Count NOES: Counc ABSTAIN: Count. ABSENT: Count: Mayor ~~ s,: ~a A T: i y Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL HEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the fore oing resolution is the original copy of Resolution Number ~ on file in the office of the City Clerk, passed, approved and adopted by the City Council ofd t~~,~~ City of 5~1. ,Beach t a meeting thereof held on the '/~'" day of ~Se(~,2fo , 2003. it Clerk RESOLUTION NUMBER 5919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ESTABLISHING COUNCIL RULES OF PROCEDURE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby adopts the policy attached hereto as Attachment A. Attachment A is hereby incorporated by this reference. Section 2. The City Council hereby repeals Resolution Number 5179. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach at a meeting held on the 28th day of September , 2009 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBER Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5919 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting held on the 28th day of September , 2009. City Clerk ~~~~~~~~~~ 6699 Resolution Number 5919 Council Policy No. 100-03 "Council Rules of Procedure" CITY ®F SEAL ~EACI-~ Council Policy SUBJECT COUNCIL RULES OF PROCEDURE SECTION INDEX NO. ISSUE REVISION COUNCIL CM DATE DATE APPROVAL APPROVAL 1 ~~ Q$ Res #5179 Res #4792 10/27/03 3/13/2000 ~ N/A 1. SCOPE These rules apply equally to regular meetings, special meetings, and study sessions of the City Council and Redevelopment Agency. Reference to the City Council shall also include the Redevelopment Agency unless otherwise stated. When these rules refer to the Mayor and Council Members, the term shall also include Chair and Members of the Redevelopment Agency. Any act that the Mayor is authorized to perform may be performed by the Mayor Pro Tem in the Mayor's absence, or by the Vice Chair of the Redevelopment Agency in the Chair's absence. 2. PURPOSE AND INTENT This policy establishes rules of procedure for orderly conduct of City Council meetings, special meetings, and study sessions. The successful operation of a municipality requires that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization. These standards will promote communication, understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations. The establishment and periodic review of these City Council rules will help to make City Council meetings as productive as possible. 3. POLICY City Council Meetings will be conducted according to Article IV of the City Charter, provisions of the Government Code that pertain to holding meetings in public (Section 54950 - 54963, the Brown Act), and Robert's Rules of Order. 1 of 12 (100-03) 4. ORDER OF BUSINESS A. Matters will be heard in the order printed on the City Council agenda. However, with Council approval, the City Council may hear agenda items out of their prescribed order on the printed agenda, if a large number of the public are present to speak on that specific agenda item, or if the City Council otherwise determines that it is in the public interest to change the order of the agenda. The appropriate time to rearrange the order of the agenda is while considering the approval of the agenda. ' B. At the time the Council considers approval of the agenda, the City Manager may request that the Order of Business be changed to ensure the flow of the meeting, which requires the subsequent approval of the Council. C. Council Members may request an item be placed on an agenda with the consensus of the majority of the Council. The Mayor shall have the discretion of placing items on the agenda. D. Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, be 1) examined and approved as to form and legality by the City Attorney and 2) examined and approved for administration by the City Manager. E. Reading of Minutes. Unless a member of the Council requests a reading of the minutes, the minutes may be approved without reading if the City Clerk has previously furnished each member with a copy. Directions for changes in the minutes shall be made only by a majority action of the City Council. 5. CLOSED SESSIONS A. Purpose. It is the policy of the City Council to conduct local government business at open and public meetings, except in certain limited situations as authorized by California State law. Examples of business that may be conducted in closed session include personnel evaluations, threats to public safety, labor negotiations, pending litigation, real estate negotiations, and consideration of a response to an audit report. B. Rule of Confidentiality. The City Council recognizes that breaches in confidentiality can severely prejudice the City's position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Council Members and can harm the Council's ability to communicate openly in closed sessions, thereby impairing the Council's ability to perform its official duties. City Council Members will keep all written materials and verbal information provided to them in closed session in complete confidence to ensure that the City's position is not compromised. No mention of information in these materials will be made to anyone other than Council 2 of 12 (100-03) Members, the City Attorney and/or the City Manager, except where authorized by a majority of the City Council. C. The City Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the City Council will adhere to a strict policy of confidentiality of closed sessions. D. Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, documents or votes made in a closed session unless the city council authorizes the disclosure. Violations can be addressed through injunctions, disciplinary action, and referral to the grand jury. E. Closed session business shall be described on the public agenda. Public comment on closed session items will be allowed before convening the closed session. After a closed session, the city council will convene the public meeting and publicly report certain types of actions if they were taken, and the vote on those actions. 6. CITY COUNCIL MEETING RULES OF ORDER A. Robert's Rules of Order Newly Revised shall govern the proceedings of the City Council in all cases not provided for in the City Council Rules of Procedure. B. Rules of Debate 1. Presiding officer may engage in discussion and council votes. The presiding officer (Mayor) may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council Member by reason for his/her acting as the presiding officer. 2. Getting the Floor -- Improper References shall be avoided. Every member desiring to speak shall address the Chair, and, upon recognition by the presiding officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language. 3. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him to order, or as otherwise provided in these rules. If a member, while speaking, is called to order, he shall stop speaking until the question of order is determined, and, if in order, he shall be permitted to proceed. 3of12 (100-03) 4. Motion to reconsider. Other than adoption of resolutions of final actions in quasi-judicial proceedings, a motion to reconsider action taken by the Council may be made only on the date action was taken or at the next subsequent meeting. It may be made whether immediately during the same session, or at a recessed or adjourned session. This 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 motion or while a member has the floor; it is debatable. Nothing in these rules prevents a member of the Council from making or remaking the same of 'any other motion at a subsequent meeting of the Council. 5. Remarks of Council Member -When Entered in Minutes. A Council Member 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. 6. Limitation of Debate. No Council Member shall be allowed to speak more than once upon a particular subject until every other Council Member desiring to do so have spoken. 7. Council Members shall limit their comments under City Council Items to no more than fifteen (15) minutes each and such time limit shall also be imposed on other City Council agenda items. C. Manner of Addressing Council. Public Decorum 1. The City encourages the public to participate in every public meeting conducted by the City. Any member of the public may directly address the Council on any item of interest to the public, or any item on the agenda, during the portion of the agenda entitled, "Oral Communications." In addition, any member of the public may provide testimony at any public hearing. Consistent with the City's established policy, all comments shall be civil. 2. Each person desiring to address the Council shall approach the podium and when recognized by the Chair shall step to the microphone, state the subject he/she wishes to discuss, state whom he/she is representing if he/she represents an organization or other persons, and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to no more than 5 minutes. In certain matters, the Chair may limit remarks to 3 minutes. In order to effectively enforce the time limit, the Mayor Pro Tem will monitor the time for each speaker and inform the Council when the time limitation has been reached. The Presiding officer will strictly enforce the time limit in order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete the public's business. Individual speakers may not use the allocation of other persons. Individual speakers may not speak twice on the same item. All remarks shall be addressed to the Council as a body, and not 4 of 12 (100-03) to any member thereof. No person other than the speaker and the member of the Council having the floor shall be permitted to enter into the discussion without the permission of the Presiding officer. Questions may be asked of a Council Member or a member of the City staff with the permission of and through the presiding officer. 3. Speakers shall refrain from attacking character or motives of any person. The Presiding officer, subject to appeal to the Council, shall be the judge of whether speakers are impugning character or motives. 4. Council Members will address the public and staff in a courteous manner. 5. The presiding officer shall not recognize the same person to speak more than once on the same subject except at the discretion of the City Council unless that person is deemed to be able to give expert advice needed by the Council in their deliberations. 6. Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, the presiding officer may request that a spokesman be chosen by the group to address the Council and, in case additional matters are to be presented by any other member of the group, to limit the number of persons addressing the Council. 7. Relevancy. At public hearings, speakers shall confine their remarks to those that are relevant to the subject of the hearing. The Presiding officer, subject to appeal to the Council, shall be the judge of relevancy. 8. Consent Calendar. During consideration of approval of the agenda: a. A Council Member may remove items listed on the Consent Calendar for individual consideration. b. Upon request by the City Manager, City Attorney or member of the public, the presiding officer may remove items listed on the Consent Calendar for individual consideration. D. City Council Decorum 1. Respect for each individual Council Member's interpersonal style will be a standard of operation. Courtesy and respect for individual points of view will be a standard of operation. All City Council Members will respect each other's right to disagree. All City Council Members will expect a high degree of 5of12 (100-03) decorum and courtesy during City Council meetings, both among Council Members and towards the public and staff. 2. The Presiding officer will use his or her discretion to enforce these rules. Council Members and staff will be polite. Even under tense situations, all speakers shall refrain from the use of profanity, impolite or disrespectful remarks and body language, either towards a City Council Member, staff or the public. 3. Council Members should not get into a hostile or adversarial debate with a member of the public or staff at a Council meeting, since these types of debates seldom resolve concerns and many times inflame feelings. If a speaker from the public personally attacks or "pushes the buttons" of the Council, the Presiding officer may ask the staff for input, if appropriate. Although the Presiding officer may ask staff for input, the Council will not engage in debate with the speaker. If a speaker from the public makes such inflammatory or erroneous statements, after the conclusion of the public input, the Presiding officer will then provide the Council with the opportunity to correct such statements if any City Council Member wishes. 4. Council Members shall keep open minds on all issues prior to deliberation immediately prior to a vote. Council Members shall base their decisions in quasi-judicial matters upon the evidence, including testimony presented at the public hearing. 5. There will be no "grandstanding" on any issue. "Grandstanding" refers to the misuse of the grandstand, or Council dais. It is the use of individual Council seat on the Council dais in a disrespectful and inappropriate manner to state a point of view in a negative manner. Negative manner includes: personally attacking another Council Member, staff or member of the public, walking off the Council dais or leaving any meeting in anger or disgust; emphasizing a political point of view solely for the purpose of playing to the audience unrelated to the issue before the Council; using the dais for a strictly personal purpose; addressing the media for political purposes rather than addressing the Council as a body, or purposely misstating the facts of an issue for political purposes. 6. The City Council respects the decision of the City Council is made by the majority and not by an individual City Council Member. Members who are in the minority on an issue will respect the authority of the majority. Members who are in the majority will respect the right of the minority to express their disagreement with the majority after making his/her position known for the record, must respect the decision of the majority. 6 of 12 (100-03) 7. Comments regarding Personnel. Council Member concerns or comments regarding any personnel matters related to the performance of any City employee, or any slanderous, libelous, personal, or profane remarks about any City employee, are inappropriate during a City Council meeting. The Presiding officer shall enforce this rule of decorum by ordering ~ the Council Member to maintain decorum and may terminate the Council Member's right to hold the floor if this rule is violated. The sole appropriate, legal forum for discussion of the City Manager's performance is in Closed Session. 7. RULES OF DECORUM A. Remarks during Council meetings. Any person making impertinent, slanderous, libelous, personal or profane remarks or who becomes boisterous during a City Council meeting shall be called to order by the presiding officer. If such conduct continues, the presiding officer may order a recess. If, after the recess, that person is still out of order, the presiding officer may call the Sergeant of Arms to remove that person. B. Council Members. Council Members will address the public and staff in a courteous manner. 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 a member while speaking or refuse to obey the orders of the presiding officer. Members of the Council shall not leave their seats during the meeting without first obtaining the permission of the presiding officer. C. Employees. Members of the City staff and employees shall observe the same rules of order and decorum applicable to the City Council. Members of the City staff may leave their seats during a meeting without first obtaining the permission of the presiding officer. D. Members of the Audience. A person in the audience who engages in disorderly conduct such as stamping of feet, whistling, using profane language, yelling, or any other type of demonstration, the conduct of which disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, shall, upon instructions from the presiding officer, be removed from the Council Chambers by the Sergeant at Arms. E. It is the policy of the Council that all members of the public have the right to address the Council and that right includes the right to make remarks that members of the City Council may find critical, unpleasant, or even offensive. However, it is also important that a proper standard of behavior be maintained during meetings and that the City Council is able to complete the public's business in a timely manner. Therefore, the public should respect the order, procedures, and decorum of City Council meetings. Persons addressing the City Council shall adhere to time limits, should not make slanderous, personal, 7 of 12 (100-03) impertinent, or obscene remarks, shall not disrupt the conduct of the meeting, and shall not make threats against any person or the public order. The Presiding officer shall enforce this rule of decorum by ordering the speaker to maintain decorum and may terminate the speaker's right to hold the floor if this rule is violated. F. Enforcement of Decorum. The Chief of Police, or such member of the police department as he/she may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings. A Council Member may move to require the presiding officer to enforce the rules and the affirmative vote if a majority of the Council shall require him/her to do so. G. Violation of the Rules of Decorum. Upon violation of the rules of decorum, the established procedure to enforce the rules shall be as follows: 1. Warning. The presiding officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the presiding officer, the person persists in violating the rules, the presiding officer shall order a recess. Any representative of law enforcement who is present at the meeting when the violation occurs shall be authorized to warn the person that his/her conduct is violating the rules and that he/she is requested to cease such conduct. If upon resumption of the meeting the violation persists, the presiding officer shall order another recess, whereupon the presiding officer shall have the authority to ask the law enforcement personnel to remove the person from the meeting and/or to cite the person as being in violation of Penal Code Section 403. 2. Motion to Enforce. If the presiding officer fails to enforce the rules of decorum set forth herein, any Council Member may move to require the presiding officer to do so, and an affirmative vote of a majority of the Council shall require the presiding officer to do so. If the presiding officer fails to carry out the majority of the Council in this matter, the majority may designate another Council Member to act as presiding officer for the limited purpose of enforcing the rules of decorum established herein. 3. Clearing the Room. Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, by a majority vote of the City Council, the meeting room may be ordered cleared and the meeting shall continue in session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session pursuant to the Government Code Section 54957.9. 8 of 12 (100-03) 4. Violation of the California Penal Code. Any person who, without authority of law, willfully disturbs or breaks up any meeting, is guilty of a misdemeanor and may be prosecuted under Penal Code Section 403 for disturbing a public meeting. 8. VOTING A. Failure to Vote. Every Council Member present shall vote unless he disqualifies himself by reason of conflict of interest. An abstention is an indication that a Council Member does not wish his/her position to become known, or he/she has no preference of position on the issue. For purposes of action of the Council, an abstention shall neither be counted for the majority nor for the minority and shall therefore have the effect in result of the vote when counted, as though no vote were cast. The recorded and published vote, however, shall show the abstention. B. Tie Vote. Tie votes shall be lost motions and may be reconsidered. C. Changing Vote. A member may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that he is abstaining from voting on a particular matter may not subsequently withdraw his abstention. 9. COUNCIL MEETING TIME LIMITS A. Establishing Meeting Time Limit. The City Council shall not consider any new agenda item after 11:00 p.m. at any meeting. No later than 10:45 p.m. the City Council shall determine by a vote thereof to continue the meeting until the remaining agenda items are resolved, or reschedule the remaining items to a date certain prior to, the next meeting, or continue the items until the next meeting. B. Final Adjournment Hour. The City Council shall adjourn any meeting no later than 11:59 p.m. on the date of said meeting. C. Waiver of Adjournment Time. The Council may waive these time limits by majority vote. 10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF A. Article III of the City Charter provides that the City of Seal Beach operates under the Council-Manager form of government; Article VI of the City Charter defines the duties of the City Manager. Section 406 of the City Charter says that neither the City Council nor any of its members shall interfere with the execution by the City Manager of his/her duties. . 9of12 (100-03) B. THE City Council is the City's policy-making body and the City Manager administers the Council's policies. The Council holds the City Manager responsible for the administration of the City departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments pursuant to the Council's direction. The practices of each department are subject to review and approval by the City Manager. C. Except for purposes of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager and shall not give orders to any subordinate of the City Manager, either publicly or privately. D. All Council Member requests for written reports or research shall be addressed to the City Manager. The City Manager shall inform all Council Members when written a Council Member has requested informational material. Any Council Member may request a copy of the material provided to the requesting Council Member. City Council Members should contact the City Manager as early as possible if they desire to have any additional written material prior to a City Council meeting. If a Council Member has questions, needs clarification, or needs additional material, he or she will advise the City Manager as early as possible before a City Council meeting so the staff can meet his or her needs. E. Council shall not attempt to coerce or direct staff in the performance of their duties. F. City Council agenda reports should be provided to the City Council as early as possible before a meeting but no later than the Friday before that City Council meeting. Staff reports will give professional input on the issue, including areas of potential controversy and concern, will try to present all sides of an issue, and will recommend areas for discussion and decision by the City Council. G. Once a decision is made by the Council, it will be fully supported, accepted and implemented by staff. H. Any concerns by a Council Member over the performance of a City employee should be discussed privately with the City Manager. City Council Members shall refrain from engaging in personal attacks on staff at any time. 11. INDIVIDUAL COUNCIL MEMBER'S REQUESTS OF CITY STAFF A. Any project requested by an individual Council Member must be authorized by the City Manager. If the City Manager deems the project to be outside the bounds of Council's work program, the Council Member making the 10 of 12 (100-03) request may bring the request to the full Council for modification of the work program. Staff responses to requests for written information from one Council Member shall be copied to all Council Members. B. The Council shall recognize that the primary functions of City staff are to execute Council policy, and to keep the Council informed. C. Council Members may make routine requests for information through the appropriate department head. Complex or comprehensive requests shall be made through the City Manager. D. Council Members may make requests for work to be done through the City Manager. E. Council Members shall not attempt to pressure or influence staff decisions, recommendations, workloads, schedules or department priorities without the prior knowledge and approval of the Council majority. F. Council Members as well as the Council as a whole shall be permitted complete freedom of access to any information requested of staff, and shall receive the full cooperation and candor of staff in being provided with any requested information. Council Members shall make routine requests for information through the appropriate department head. G. An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e .g., a special task force) 12. TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made by individual Council Members for information or assistance, provided that, in the judgment of the City Manager the request is not of a magnitude, either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. In terms of making this judgment, the following guidelines should be considered: The request should be specific and limited in scope so that staff can respond without altering other priorities and with only minimal delay to other assignments; the request should only impose a "one-time" work requirement, as opposed to an on-going work requirement; the response to the request should not require a significant allocation of staff resources (generally defined as consisting of more than one staff person, or a single staff person working on the issue in excess of 1-2 hours). 11 of 12 (100-03) 13. DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to reject any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 14. ISSUANCE Approved by City Council on September 28. 2009 by Resolution No. 5919. 12 of 12 (100-03)