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SR-9-C (15) . . . 9-c ~ . , . ' . .... / D{l - OCt.} - () j.L OCT 2 7 1981 CA:RMM:r City Council Meeting 10-27-81 Santa Monica, Californ~a STAFF REPORT TO: Mayor and C~ty Council FROM: city Attorney SUBJECT: Resolution Establishing Rules of Order for the Conduct of City Council Meetings On September 8, 1981, the City Council d~rected the City Attorney to prepare a resolutIon for readoption of the Rules of Order for the Conduct of City Council MeetIngs incorporating certain specified changes. Specifically, the City Council desired to add a new category of agenda item relating to admin- istrative proceedings and to amend the rules to provide that meetings may be extend beyond 11:00 p.m. by maJority vote instead of two-thirds vote. In addItIon to incorporating these changes, the accompany- ~ng resolution contains certain other changes. First, the for- mat of the resolution has been changed to make the rules more readily ~dent~f~able, includ~ng the use of internally consistent subdivisIons. Second, Resolutlon Number 4631 (CCS) establishing the days and tlme of City Councll meetings has been incorporated into the rules. Th~rd, the term "Closed Session" has been sub- stituted for the term "Executive Sess~on" in Rule 3. Fourth, the requirement that speakers publIcly state their home address has been deleted from Rule 17(d) cons~stent With current 9-(:. OCT 2 7 198, , , . , e e City Counc~l practice. Flnally, certa~n other mlnor word and punctuat~on changes were made to ensure ~nternal cons~stency of language. RECOMMENDATION It is respectfully recommended that the accompany~ng resolution be adopted. PREPARED BY: Robert M. Myers, C~ty Attorney -2- - - , .e e DISTRIBUTION OF RESOLUTION t! G 3!''l ORDINA.."ICE tf ./ CouncIl ~leetlng Date // -- J Introduced ~ '" .- c: " ~~k/'fi--C..---__.A , ) Agenda Item if /-G (~---c."'-,.;:-t Adopted~ /' Was 1 t amended? ~ .........1'1...-('..,) , "r ~ -;:. L-f /: VOTE- Affirmative~ {':"'bL-?L---7-L 'C_-~i'v ~- ~---z-o ()C~~'C ,~T t:~ Negative' /~ :J .. L C Abstain' (' ") _ Absent. ;iAi--z-1 /YE" ec{ DISTRIBUTION~ ORIGlNAL to be signed, sealed and filed in Vault. NEWSPAPER PUBLICATION (Date~ ) _ ~ Department originating staff report (~~c:lLf-! il-d4fC~-~)5ILe..gi 1 / ?r: .. -) _ . J \ " j/ I / C1 tv Attornev I ,""'2...AA<J..e.. ......U...ct TTJJ/',-. .-I de....a./ J _ ......./ ,-... / - Agency mentIoned In document or staff report (certIfIed?i Subject fIle (agenda packet) .. 1 / Counter file 1 +3 l'.y/ -ILL -- / ( f:.?, :~ Others: /i/,_ if /).. ~ -2; Jr.l~d:"-\_'-L -- --~-t..... '...-- ---------- ,.. l- ~'_. /f AIrport ParkIng Auth. __ i~,--C( --1..--!-:~4.~r .4..Udl tOTum Personne I .'~ ( -- n \....-~,~ 1,.- ~f ";f .(/ ~ L- ~\..-....v- -= BUllding Dept PI anning I Envlron. Servo PolIce (en- fore emen t?) flndnce Purchasing F~re Recr/Parks General Servo Transportation Library Treasurer Manager ~ . SEND ~COPIES OF ALL ORDINANCES TO CODED SYSTEMS Att:R. Peter Mq,€leatie PROFESSIONAL 'CENTER Total Others~ _--~ ROUTE 71 ~ BRIELLE, NEW JERSEY 08730 /'~:S1\ TOTAL COPIES \ ~~ / a .,a ~~~ ~LY~ -- e e CA:RMM:bl City Council Meeting 10-27-81 Santa Monica, California RESOLUTION NUMBER 6387 (City Counc~l Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The rules for the conduct of City Council meetings shall read as follows: RULES FOR CITY COUNCIL MEETINGS. RULE 1. TIME AND PLACE FOR HOLDING REGULAR MEETINGS. Pursuant to the provisions of Sect~on 611 of the Santa Monica City Charter, the City Council does establish as the days and time for the holding of regular meetings the second and fourth Tuesday of each month at 7:30 p.m. However, ~f any such Tuesday falls on any day des~gnated by law or by the City Coun- C.lI as a day for public feast, thanksgiving or hol~day, such regular meeting shall be held on the date of the regular meet~ng next following said Tuesday at the hour heretofore fixed. The City Council Chamber in City Hall is established as the place for hold~ng its regular meetings. e e RULE 2. QUORUM. In accordance with Section 614 of the Santa Monica City Charter, four Councilmembers shall constitute a quorum for the transaction of business, but a smaller number may adJourn from tlme to time until a quorum IS present and those present may obtain the attendance of the absentees. Except as otherwise provided in the Charter, or by law, action taken by the City Council shall be taken by a majority vote of the entire member- ship of the City Council. Whenever any Councilmember raises the question as to the presence of a quorum, the Presiding Officer shall forthwith direct the City Clerk to call the roll and shall announce the result, and such proceedings shall be without debate; but no Councilmernber, while speaking, shall be interrupted by raising the quest~on of the presence of a quorum. Every Councilmember present must make response when his or her name is called. The City Council shall judge the qualifIcations of Its members as set forth by the City Charter. RULE 3. MEETINGS TO BE PUBLIC--EXCEPTION FOR CLOSED SESSIONS. . (a) All regular, adjourned regular and specIal meetings of the City Council shall be public; provided, however, that the City Council may hold Closed Sessions during a regular or spec- ial meeting, from which the public may he excluded, for the pur- pose of considering the matters referred to In Government Code Section 54957 or Government Code Section 54957.6 relating to -2- e e Closed Sessions of the leg~slat~ve body, or pursuant to other provisions of law. (b) The above subdivision 1.S specif1.cally limited by the following: (1 ) Restrlctions regarding Closed Sessions do not apply to meetings of comm~ttees of the City Council consisting of less than a quorum of its members. ( 2 ) Closed Sessions may not be held to consider the broad category of "personnel" matters. ( 3 ) Closed Sessions relating to personnel Tare l~mited to those relating to the appointment, employment or dismissal of a publlC officer or employee or to hear complaints or charges brought against such officer or employee. (c) The general categories permitting Closed Sessions shall include, but not be limited to: ( 1) To consider the employment or dismissal of a public officer or employee, or to hear charges brought against such person unless the officer or employee in questlon requests a public hearing, in which event a public hearing shall be per- mJ.tted. ( 2) To discuss with the City Attorney litigation pending, proposed or anticipated where a public discussion would benefit the City's adversary and be detrimental to the public. ( 3 ) To meet with the Attorney General, District Attorney, Sheriff or Chief of Police (or their deputles) on mat- ters posing a threat to the security of pu bl i c buildlngs or a threat to the pUblic's rJ.ght of access to public services or -3- e e public facilLtLes. ( 4) To instruct City representat~ves concern~ng salaries, salary schedules or compensatJ.on paid ~n the form of fringe benefits prior to or during negotiations with employee organizations. ( 5 ) To negotiate and discuss with employee organ~- zation representatives following the intervention of a state labor conciliator in a labor dJ.spute. ( 6 ) To consider matters affecting the national sec- urity 1n the case of a body operated by a private corporation on which C2ty officers serve in their official capacity and which is supported partially or totally by C1ty funds. ( 7 ) To consider those matters which by law are properly the subject of a Closed Session. (d) No Councilmember, employee of the City, or any other person present during an Closed Session of the city Council shall disclose to any person the content or substance of any discussion which took place during said Closed SeSSLon unless the City Council shall authorize the disclosure of such infor- mation by majority vote, or unless such disclosure is required, and only to the extent so required, by the provisions of Govern- ment Code Section 54957.1. ROLE 4. AGENDA. (a) The City Clerk shall prepare the Agenda under the direction of the City Manager. The Agenda with all supporting matters shall be delivered to Councilmembers on the Thursday -4- e e preceding the Tuesday City Council Meeting to which it pertains and shall be made available to the public no later than 3:00 p.m. on the Friday preceding the scheduled City Council Meet1ng; providing, however, that at any time pr10r to the hour set for the City Council Meeting, any Councilmember, the C1ty Manager or the City Attorney, may direct any matter he or she deems urgent to be placed upon the Agenda; provided further, that any item of public 1nterest or concern added to the Agenda after J.ts publi- cation to the general pu b 1 i c shall not be considered unless it 1S accompanied by a full explanation by the advocate of such item and until after a two-thirds (2/3) vote of the Counc11- members present have voted to do so. Matters d1rected to be placed on the Agenda by CounC1lmernbers shall be listed thereon in the order of receipt of such direction. (b) Dates for public hearings required by law or on mat- ters of special public interest shall be set by the C1ty Coun- cil, the City Clerk, or the City Manager. Those matters set for public hear1ng by the City Council may be so set in the follow- 1ng manner: The C1ty Manager shall place on an Agenda the item, "Motion to fix time and date of hearing " The City . . . . Council shall only hear comments regarding the t irne and date, and not the substantive matter under this heading. (c) The time and date fixed for pub11c hearings shall be such that large numbers of citizens can be accommodated in the City Council Chambers and also can be heard early in the evening and such notices as required by law or requested by the City Council of the same shall be sent out not less than 15 days -5- - - -- - -- e - prior to the hearIng, unless another time is otherwise specIfied by law. (d) Where a matter requires a formal public hearing prior to final action by the city Council, no person shall be heard thereon except at the time of the public hearing. (e) No public discussion shall be permitted on second reading of ordinances, reports of commissions, written communi- cations other than reports of officers and commissions, or on Councilmember discussion items, unless consent IS given by two- thirds (2/3) vote of the Councilmembers present. ROLE 5. CITY COUNCIL CORRESPONDENCE. (a) Non-Council Items. written conununicatJ.ons addressed to the City Council, the subject matter of which comes within the jurisdiction of any Board, CommJ.ssion, or Department of the City, may be referred to such body or department, or both, by the City Manager, and such communications shall not be placed upon the City Council Agenda. All communications directly relating to the work or juris- dictIon of a Board, CommIssion, or Department of the Ci ty shall be referred thereto, notwithstanding the fact that direct CJ.ty Council actIon may be sought in such communications; such communicatIons shall not be placed upon the City Council Agen- da. Any person submJ.tting a wrltten communication to the City Council whJ.ch is subsequently referred to a Board, Corrunission, or Department of the CIty shall be notifIed of such referral by -6- e e the City Manager. If dissat~sfied with e~ther the action of the City Manager or the act ion of the Board, Commission, or Depart- ment to which the cornmun~cation was referred, such person may appeal to the City Council. (b) Authority of the City Manager. The City Manager is authorized to open all mail or other written communications col- lectively addressed to the City Council and to give it immed1ate attention to the end that all adm~nistrative business referred to ~n said commun~cat~ons Wh1Ch do not necessarily require City Council act10n may be acted upon between City Council meetings. (c) Council Items. Correspondence c911ectively addressed to the City Council shall be received and opened by the City Council's Secretary, transmitted to the appropr1ate public officer having jurisd1ction over, and placed on the Agenda if City Council action is deemed appropriate by the Mayor, C1ty Manager or City Clerk, except that no communication shall be placed on that agenda that contains material which: (1) Is profane. ( 2 ) Is 1n the nature of a crim1nal or civil slander, or is potentially slanderous or libelous. ( 3 ) Advocates or opposes the candidacy of any person or party for any elective office. ( 4) Is primarily in advertisement or promot1on or has as a substantial purpose the advancement of any cause the major benefit of which is private and not public. ( 5 ) Does not necessitate City Council action. -7- e e (d) Avallablllty to the public. Correspondence addressed to individual Councilmembers shall not be opened by the Clty Council Secretary unless authorlzed to do so by individual Coun- cilmembers. Such communications shall not become public records until received and filed by the City Council at a regular, special or adjourned meeting of the City Council, or retained or used as provided in Government Code Section 6250 et seq. Correspondence received in the City Clerk's Office or other City Offices after 12:00 Noon on Mondays prior to the City Council Meeting shall not be placed on the Agenda unless it concerns a matter to be considered by the City Council at the next regular meeting or is determined by the City Manager to be an urgent matter which should be brought to the immediate attention of the City Council. correspondence shall not be read aloud at a City Council Meeting unless requested by a majority vote of the Council. No item which is exempted by disclosure by Government Code Section 6254 shall be disclosed or treated as a public record. RULE 6. ORDER OF BUSINESS. The business of the Clty Council shall be taken on for consideration and disposition in the following order: (a) Call to Order. ( I ) Salute to the Flag. ( 2 ) Invocation. (b) Roll call. (c) Approval of Minutes of PrevlOus Meeting. -8- e e (d) Spec~al Agenda Items. (Such as commendatlons, award of service plns, introduction of special guests.) (e) Continued Items. Agendized items of a previous City Counc~l Meeting not considered at such meeting. (f> Consent Calendar. The consent calendar shall consist of those items determlned at the pre-Council agenda meeting to be of a non-controversial nature and which under the City Coun- cil Rules do not generally requ~re a publlC hearing. Unless a Councilmember or a member of the general pub 1 i c wishes to be heard on these items, they may be cons.ldered as a group by a single motion to approve the consent calendar, and the title to the individual consent i terns need not be read unless a request to do so is made by any Councilmember. (Public discussion per- mitted only if the ~tem allows discussion and a specific request to be heard is made.) (g) Public Hearings. Public hearings the time for wh~ch has been set previously or set by law. (Public discussion per- mltted. ) (h) Ordinances. (1 ) Introduction and First Reading. (Public discussion permitted.> ( 2 ) Second Reading and Adoption. (No public discussion permitted.) ( i ) Resolutions. (Public discusslon permitted.) ( j ) Reports of Boards and Commissions. (No public dlS- cussion permitted unless consent is given by a two-thirds (2/3) vote of the Councllmembers present.) -9- . e (k) Staff Administrative Items. (Public discussion per- mitted only if a specific request to be heard ~s made.' (1 ) Administrative Proceedings. Adminlstratlve proceed- ings in which the Clty Council is required to make a decision concerning an individual application or appeal. <Public dISCUS- sion permitted. ) (m) Wr~tten Communications Other Than Reports of Commis- S20ns and Off2cers. The City Clerk shall list wr2tten commun~- cations in order of receipt. (Public d~scussion perm~tted only by person presenting the communication unless consent is g~ven by two-thirds ( 2/3) vote of the Counc~lmembers present.) (n) Councilmember Discussion Items. The City Clerk shall list councilrnember discuss ion items in order of rece~pt. (No public discussion permitted unless consent is given by two- thirds (2/3) vote of the Councilmembers present.) The order of business shall not be changed except by maj- ority vote of the City Council. ROLE 7. PREPARATION OF MINUTES. The City Clerk shall have exclusive responsIbility for preparation of the Minutes, and any dIrections for changes ~n the Minutes shall be made only by majority vote of the C~ty Council. RULE 8. READING OF MINUTES. Unless the reading of the MInutes of a CIty Council Meet- ing is ordered by a majority vote of the City Council, such -10- . It Minutes may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy. ROLE 9. PRESIDING OFFICER. The Mayor shall be the Presiding Officer at all meet1ngs of the City Counc1l. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the C1ty Clerk shall call the City Council to order whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or untll adjournment. ROLE 10. POWERS AND DUTIES OF PRESIDING OFFICER. (a) Participation. The Mayor or Mayor Pro Tempore or such other member presiding may move, second and debate from the chair, subject only to such 11mitations of debate as are imposed upon Councilmembers by these rules and shall not be depr i ved of any of the rights or privileges of a Counc11member by reason of his or her acting as the Presiding Officer. (b) Duties. The Presiding Officer shall preserve order at all meetings of the City Council. Such Officer shall state each question comlng before the City council, announce the deci- sions of the City Council on all subjects, and decide all ques- tions of order; subJect, however, to an appeal by the Clty Coun- cil, and a majority vote of the City Council on any question of order shall govern and determine conclusively such question of order. -11- e e (c) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, and other documents necessita- t1ng signature wh~ch were adopted in his or her presence, unless he or she is unavailable, in which case the signature of an alternate Presiding Officer may be used. The Clty Manager shall execute all contracts on behalf of the City unless otherw1se ordered by the City Council. No contract shall be of any force or effect unless authorized by the City Counc~l and approved prior thereto by the City Attorney as to form and legallty. ROLE 11. SWORN TESTIMONY. The Presiding Officer may require any person addressing the City Counci I to be sworn as a witness and to testify under oath, and the Presid~ng Officer shall so require if directed to do so by a majority vote of the City Council. Any Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all pro- ceedings shall be suspended and the City Council will, without debate, immediately vote on whether the individual should be sworn. A majority vote of the Councilmembers present shall determine whether the speaker shall be placed under oath. All oaths will be administered by the City Clerk. - The City Councll shall have the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas may be issued in the name of the city and be attested by the Ci ty Clerk. D1sobedience of such subpoenas, or the refusal to -12- . . testify (upon other than constitutional grounds) shall constitute a m~sdemeanor. RULE 12. RULES OF DEBATE.. (a) Gett~ng the Floor. Every Councilmember deslring to speak shall first address the Chair, gain recognltion by the Presiding Officer, and shall confine himself or herself to the question under debate, aVD~ding personalities and decorous lang- uage. (b) Questions to Staff. Every Councilmember desiring to question the City Staff shall, after recognition by the Presid- ing Off icer, address his or her questions to the City Manager, or the City Attorney, who shall be entitled to answer the inquiry himself or herself or to designate a member of his or her staff for that purpose. . (c) Interruptlons. A Councilmember, once recognized, shall not be ~nterrupted when speaking unless called to order by the Presiding Officer, unless a point of order or a personal prlvilege is raised by another Councilmernber, or unless the speaker chooses to yield to a questlon by another Councllrnember. If a Councilmember, while speaking, is called to order, he or she shall cease speaking until the question of order 1.S deter- mlned and, if determined to be in order, may proceed. Members of the City Staff, after recognition by the Presidlng Officer, shall hold the floor until completion of their remarks or until recognition is wl.thdrawn by the Presiding Officer. -13- - -- (d) POlnts of Order. The Preslding Officer shall deter- mine all points of order subJect to the right of any Council- member to appeal to the City Council. If an appeal is taken, the question shall be: "Shall the decision of the Presiding Officer be sustained?n A majori ty vote of the Counc~lmembers then present shall concluslvely determine such question of order. (e) Point of Personal Pr~vilege. The right of a Council- member to address the City Council on a question of personal privilege shall be Ilmited to cases in which the Councilmember's integrity, character or motives are questloned or where the welfare of the City Council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councllmember who has the floor only if the presiding Offlcer recognizes the privilege. (f ) Privilege of Closing Debate. The Councilmember mov- ing the introduction or adoption of an ordinance, resolution or motion, shall have the prlvilege of closlng debate, after all other Councilmembers have been given an opportunity to speak. (g) Motion to Reconsider. A motlon to reconsider any action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember. Such motion by a prevailing Councilmember may be made at any time and shall have precedence over all other motions or whi Ie a Councilmember has the floor and said motion shall be debatable. A motion by a non-prevaillng Councilmember or a request by a member of the publ i c for reconsideration -14- . e may be made only if one year has passed s~nce the act~on was taken. (h) Calling for the Question. Neither the moving party nor the party seconding any motion ~s allowed to call for the question. (i) Limitation of Debate. No Councilmernber shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so shall have spoken. Each Councilmember speaking on any one item on the Agenda shall be limited to 10 minutes per ~tern to state his or her opinion and views. RULE 13. REMARKS OF COUNCILMEMBERS AND SYNOPSIS OF DEBATE. A Councilmember may request through the Presidlng Officer under the pr~v~lege of having an abstract of his or her state- ment on any subject under consideration by the City Council entered in the minutes. If the City Council consents thereto, such statement shall be entered in the minutes. ROLE 14. PROTEST AGAINST CITY COUNCIL ACTION. Any counci1member shall have the right to have the reasons for his or her dissent from, or h~s or her protest against, any action of the City Council entered in the m1nutes. Such dissent or protest to be entered in the m~nutes shall be made in the following manner: "1 would like the minutes to show that 1 am opposed to th1S action for the following reasons " . . . . -15- e e RULE 15. ROLES OF ORDER.. Except as otherwise provided herein, the City Charter, other ru les adopted by the City Council, or applicable provi- sions of State law, the procedures of the City Council shall be governed by the latest revised edition of Roberts Rules of Order. The City Counc~l rules, or any one thereof, may be sus- pended by a vote of two-thirds (2/3) of the Councilmembers pre- sent. RULE 16. FAILURE TO OBSERVE RULES OF ORDER. Rules adopted to expedite the transaction of the bus iness of the City Council in an orderly fashion are deemed to be pro- cedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the City Councilor invali- date any action taken at a meeting that is otherwise held in conformity with law. RULE 17.. ADDRESSING THE CITY COUNCIL. (a) Registration. Each person wish~ng to address the C~ty Council regarding items on the Agenda where public discus- S1.on is permitted shall register fJ..rst with the City Clerk hJ..s or her name and address prior to any discussion of that ltem, and preferably shall register prior to the start of the C~ty Council Meeting. (b) Manner of Addressing the City Council. Each person desiring to address the C~ty Council shall step up to the -16- e e ml.crophone in front of the rail, state his or her name and address for the record, state the subject he or she wishes to discuss, state whom he or she l.S representing l.f he or she represents an organization or other person, and, unless further time is granted by majority vote of the City Council, shall limit his or her remarks to five minutes per item. All remarks shall be addressed to the City Council as a whole and not to any member thereof. No questions shall be asked of a Councilmember or a member of the City Staff without the permission of the Pre- sidl.ng Officer. (c) Discretion ~o Limit Duration and Number of Speakers. Where more than one person desires to speak on a particular i tern , it shall be within the discretion of the Presiding Offl.cer to limi t the number and duration of presentations to not less than 10 minutes for each sl.de giving equal time for each POS1- tion or side. It is recommended that a spokesperson for each side be chosen prior to the meeting and the Clty Clerk shall advise persons of this recommendat10n. If a spokesperson has not been selected pr ior to the meeting, the i tern may be called and the presiding Officer may either pass the item or gran t a recess to permit the selection of a spokesperson. The presidl.ng Officer may also determ1ne which persons have a predominate or proprietary interest in an i tern and permi t such person or per- sons to speak first. Nothing in this section shall be deemed to preclude the Presiding Officer or a majorl.ty of Councilmembers present from allowing extended debate on any matter. -17- e e (d) Persons Speak~ng on More Than One Item. Any one person wishing to speak on more than one item shall limit his or her remarks to five m~nutes on the item he or she considers most important and three minutes on any other item unless further time is granted by a majority vote of the City Council. (e) After Motion. After a motion has been made or a pub- l1c hearing has been closed, no member of the publ i c shall address the City Counc~l from the audience on the matter under cons~deration without first securing permission to do so by a majority vote of the City Council. RULE 18. RULES OF DECORUM. (a) Councilmembers. When the City Council is in session, Councilmembers must preserve order and decorum, and a Council- member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the City Council nor distrub any Councilmember while speak~ng or refuse to obey the orders of the Presiding Officer. Councilmembers shall not leave their seats during a meeting without first obtaining the per- mission of the Presiding Officer. (b) Employees. Members of the City Staff and employees shall observe the same rules of order and decorum as are app11- cable to the City Council, with the exception that members of the City Staff who are not seated at the City Council table may leave their seats during a meeting without first obtaining the permission of the Presiding Officer. -18- e e (c) Persons Addressing the Council. (1 ) No person other than a Councilmember and the person having the floor shall be permitted to enter into dlSCUS- Slons, either directly or through a Councilmember, wi thou t per- mission of the Presiding Officer. (2) No questions shall be asked a Councilmember except through the Presiding Officer. ( 3) All remarks shall be addressed to the City Council as a body and not to anyone member thereof. ( 4) Any person making impertinent, slanderous or profane remarks, or who becomes boisterous while addressing the City Council shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer, be barred from further audience before the City Council during that meet~ng. (d) Members of the Audience. (1) Any person in the audience or at the City Coun- cil table who engages in disorderly conduct such as hand clapp- ing, stamping of feet,. whistling,. using profane language, yell- ing, and similar demonstrations, or who disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Pres~ding Officer shall be guilty of a mis- demeanor and upon instructions from the pres~d~ng Offlcer, with the consent of the maJority, through the City Manager, it shall be the duty of the Sergeant at Arms to remove any such person from the City Council Chambers and to place him or her under arrest. -19- e e ( 2) No person shall be perml.tted to interrupt the indl.vidual Councilmembers or the City Clerk when the C~ ty Coun- cil is in session. ( 3 ) Except with prior authorization of the Presld- ing Officer, no placards, 5l.gns or posters, or packages, bund- les, 5ultcases or other large obJects shall be brought into the city Council Chambers. ( 4 ) Unless addressing the City Council or enterl-ng or leaving the Cl. ty Council Chambers, all persons in the audi - ence shall remain sitting in the seats provided. No person shall stand or sit in the aisles or along the walls nor shall the doorways be blocked. ( 5 ) Except with prior authorization of the presid- lng Officer, the distribution of literature, of whatever nature or kind, is prohibited. (e) Persons Authorized to be Within Rail. No person except Councilmembers and City Staff and recognized representa- tives of the news media shall be permltted within the rail with- out the consent of the Presiding Officer. (f) Enforcement of Decorum. The Chief of Police or such member or members of the Police Department as he or she may des- ignate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order and decorum at C~ty Council meetings. Any Councilmernber may move to require the presiding Officer to enforce the ru les and the affirmative -20- e e vote of a majority of the City Council shall requ~re h~m or her to do so. RULE 19. VOTING PROCEDURE. Any vote of the City Counc~l, lncluding a roll call vote, may be registered by the members by answering "Aye ,. for an aff~rmat~ve vote or "No" for a negative vote upon his or her name being called by the City Clerk. Unless a member of the City Council states that he or she is not voting, s~lence shall be recorded as an affirmative vote. RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST. Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publlC1y state or have the Presiding Officer state the nature of such disqualification in an open meeting. Where no thoroughly disqualifying conflict of interest appears, the matter of dis- qualification may, at the request of the Councilmember affected, be decided by the other Councilmembers. A Councilmember who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat dur ing the debate and vote on such matter, but shall request and be given the permission of the Presidlng Offlcer to step down from the City Council table and leave the City Council Chambers. A Councllmember stating such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determinlng the outcome of any vote on such matter. -21- -- ----- - e e RULE 21. FAILURE TO VOTE Every Councilmember 1.S ent1.tled to vote unless disquali- f i ed by reason of a conflict of interest. A Counci1member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon. RULE 22. TIE VOTE. Tie votes shall be lost motions and may be reconsidered. RULE 23. CHANGING VOTE. The vote of a Councilmerober may be changed only if he or she makes a timely request to do so inunediately 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. RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION. The fOllowing procedure shall be followed in connection with any agenda 1.tem requir~ng a motl.on: (a) City Clerk reads the title. (b) Explanation by Cl.ty Manager, if called for by the Presiding Offl.cer. (c) Questions to City Manager by Councilmembers. (d) All background material complete at this point. (e) Public to be heard subject to the limitations set forth herein. ( f ) Close of public discussion. (g) presid1.ng Officer to ask for a motion and second. -22- - - e e (h) Motlon and dlscussion by the City CounCll. ( 1 ) The maker of the motion to have a chance for further discussion. ( j ) Preslding Officer to restate the motion. (k) Vote on the motion. RULE 25. ORDINANCES, RESOLUTIONS AND CONTRACTS. (a) The preparation of ordinances shall be ordered only by a majority vote of the City Council, except for those ordi- nances specified in Section 619 of the City Charter. All ordi- nances shall be prepared by the City Attorney. (b) Ordinances shall be prepared according to three prl- orl.ties. When requesting the preparation of ordinances, the City Council shall instruct the City Attorney as to whether the request is Ilurgent. " The City Attorney shall classify all other requests for ordinances as "normal II or II extended . It (c) Ordinances designated as "urgent" shall be returned to the City Council at the next subsequent City Council Meeting. Likewise, ordinances for second reading shall be returned to the City Council at the next subsequent meeting. Ordinances desl.g- nated as Irnormalll or t'extended II shall be returned according to the schedule of due dates prepared by the City Attorney. (d) Specific due dates for each ordinance, other than those designated lIurgent, II shall be determined by the City Attorney and due dates for all ordinances shall be communicated to the City Council in the next subsequent Agenda package. In- sofar as practicable, the City Attorney shall endeavor to return -23- e It ordlnances to the City Council which have been designated as "normal" wl.thin four weeks of the request therefor. (e) Ordinances designated as "normal" shall be processed in the following manner: (1 ) The City Attorney shall schedule due dates for such requests on the day following the City Council Meeting at which the request is made. ( 2) By 12:00 Noon one calendar week and two days following said meeting (the second Thursday following), the City Attorney shall submit drafts of requested ordinances to the City Manager for review. ( 3 ) By 12:00 Noon one calendar week and six days following said meeting (the second Monday following), and fol- lowing his review, the City Manager shall return said drafts to the City Attorney. ( 4 ) By 10:00 a.m. two weeks and two days following said meeting (the third Thursday following), the City Attorney shall submit f~nal documents of requested ordinances to the City Manager, to be included in the Agenda package for the next sub- sequent Cl.ty Council Meeting for first reading. (f) Resolutions shall be prepared, when requested by the city Council, in the same manner as ordinances in the "normal" cycle. (g) Ord~nances and resolutions may be voted on in a group rather than separately, unless a Councilmember expresses a desire to debate a particular ordinance or resolution, where there is a division of votes "pro" or "con" or where a specific -24- e It number of votes is requlred by law, in Wh1Ch cases, the particu- lar ordlnance or resolution shall be considered separately. (h) A resolution, unless laid over by a majority vote of the Clty Council, shall be acted upon on the day of presenta- tlon. ( i ) Matters coming before the City Council in the form of recommendations which require the preparatlon of an ordinance and subsequent first and second read1ngs shall be open to public discussion, except at the time of second reading. ( j ) The Presiding Officer, before calling for a motion on the adoption of any resolution, shall first inquire if there 1S anyone who desires to be heard on said proposed resolution. All persons desiring to be heard must have reglstered with the City Clerk, prior to the discussion of the resolution, their name and address and the resolution item they w1sh to speak on and the Presidlng Officer will call upon speakers from that list. Pub- lic hearings held at the time of first reading and introduction of ordinances shall be conducted, insofar as applicable, in the same manner. (k) At the tlme of adoption of an ordinance or a resolu- tion, lt shall be read in full unless after reading the title thereof, further readlng is waived by a unan imou s vote of the Councilmembers present. Such consent may be expressed by a statement of the Presiding Offlcer that "If there lS no obJec- tlon, the further reading of the Ordinance or Resolution is waived. n (1 ) Resolutions may be adopted by the City Council by -25- . . e e t~tle only, and the City Council may direct that the resolution, other than the title, be drafted following such adopt1on. In this event, it 1S not necessary that resolutions so adopted be returned to the City Council after the date of their adopt1on. (m) Contracts for Wh1Ch amounts have been budgeted pre- viously by the City Council shall be deemed approved by the bud- geting of such amounts and shall not be required to be presented to the City Council for further approval or authorization for the City Manager to execute the same, so long as the amounts represented by such contracts are the same as those amounts approved and budgeted. RULE 26. PRIOR APPROVAL BY ADMINISTRATIVE STAFF. All ordinances, resolutions, and contract documents shall, before presentation to the City Council, have been approved as to form and legality by the City Attorney, and shall have been examined for administration by the City Manager or his or her authorized representative. No request for the preparation of an ordinance or other i tern by the Ci ty Counc~l shall be placed on the Agenda before the final, rev1ewed document has been received by the City Manager. RULE 27. INFORMAL MEETINGS. The City Council, subject to notice and other requirements imposed by law, may hold informal meetings in the City Council Chamber of City Hall at such times as may be designated 1n an order for a special meeting. At any such informal meet1ng, tne -26- . . e e City council shall not take any formal or binding action upon any formal mot1on, resolut10n, ord1nance, nor any other action required by law to be taken by the City Council. Such informal sessions shall be devoted exclusively to the presentat10n and exchange of informat10n. RULE 28. JOINT MEETINGS WITH BOARDS AND COMMISSIONS. The CIty Council, dur in 9 the year,. shall meet with the individual Boards and Commissions at least once, when feasible with the Agenda of the City Council, said meet1ngs to be calen- dared as study sessions, to be held in the City Council Chamber at such time as is convenient to the Councilmembers. RULE 29. COMMUNICATIONS BY BOARDS AND COMMISSIONS. No City Board or COmIn15Sion shall transml.t an offl.cial resolution or any other correspondence of said Board or Commis- sion on any matter of City policy to any non-C1ty Agency, Board or Commission without a vote of such Board or Commission to do so, nor without the prior approval of the City Council that such communication be so transmitted. RULE 30. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS. The City Manager, City Clerk and City Attorney or, In their absence, their authorized representatIve, shall attend and be present during all City Council MeetIngs and gIve necessary service and advice. However, any of the above is permitted to leave the C1ty Council Chamber after seeking and obtaining -27- - -- . , e e permission from the Preslding Officer and be absent therefrom for a period of tl.me not to exceed 10 Inlnutes without said absence causing a halt in the C1ty Council proceedings. RULE 31~ ADJOURNMENT. All City Council Meetings shall adjourn at 11:00 p.m. unless otherwise determined by a majority vote of the City Council. RULE 32. RECORD OF MEETINGS. All public meetings of the City Counell shall be recorded by tape recorder. The recording shall be made by the Clty Clerk and shall be part of the records of the City Councll. The use of other recording or television equipment is permitted so long as it is not disruptive of the meeting. RULE 33. INTERPRETATION AND MODIFICATION OF THESE RULES. These rules shall be lnterpreted liberally in order to provide for the optimum in the free interchange of information and public debate without an unnecessary waste of time or dupll.catl.on of effort. These rules may be amended by resolu- tl.on. * * * * -28- - - . . e e . . . . SECTION 2. Resolution Numbers 4525 (CCS ) , 4548 ( CCS) , 4570 ( CCS ) , 4631 (CCS) , 4848 ( CCS) , and 4909 (CCS), and each of them, and any other resolution adopting, amending or relating to Clty Council Rules of Order, are hereby repealed in its entirety. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same - shall be in full force and effect. APPROVED AS TO FORM: ~~~L~ R?BERT M. MYERS Clty Attorney -29- - . ..' . e e . . . ADOPTED AND APPROVED THIS 3rd :JAY OF November , 198 L /} '-/14 &~~y-fhu )lAYOR I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6387 WAS DULY ADOPTED BY THE CITY COUNCIL OF THE - CITY OF SANTA MONICA AT A REGULAR MEETING THEREOF HELD ON November 3 , 1981 BY THE FOLLOWING COUNCIL VOTE; AYES: COUNCILMEMBERS: Conn, Edwards, Press, Zane, Mayor Yannatta Goldway rw E S : COUNC ILMEl4BERS: :.rone ABSENT: COUNC ILMEt1BERS: Jennings, Reed ABSTAI~~: C 0 U N elL M E r~ B E R S : )lone ATTEST: " .--' /" Yfl // ~~ ./~~~~ CITY CLERK ~