R-7353
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city Council Meeting 12-9-86
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Santa Monica, California
RESOLUTION NUMBER 7353(CCS)
(city Council 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 section 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, if any such
Tuesday falls on any day designated by law or by the City Council
as a day for public feast, thanksgiving, or holiday, such regular
meeting shall be held on the date of the regular meeting next
following said Tuesday at the hour heretofore fixed. The City
Council Chamber in City Hall is established as the place for
holding its regular meetings.
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RULE 2. QUORUM.
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A.
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
time to time until a quorum is present and those present may
obtain the attendance of the absentees.
Except as otherwise
prov ided in the Charter, or by law, action taken by the City
Council shall be taken by a majority vote of the entire
membership 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
resul t, and such proceedings shall be without debate; but no
Councilmember, while speaking, shall be interrupted by raising
the question 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 special
meeting, from which the public may be excluded, for the purpose
of considering the matters referred to in Government Code section
54957 or Government Code section 54957.6 relating to Closed
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Sessions of the legislative body, or pursuant to other provisions
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of law,
(b) The above subdivision is specifically limited by the
following:
( 1) Restrictions regarding Closed Sessions do not
apply to meetings of committees 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 are
limited to those relating to the appointment, employment, or
dismissal of a public 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 question requests a
public hearing, in which event a public hearing shall be
permitted.
(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 deputies) on
matters posing a threat to the security of public buildings or a
threat to the public I s right of access to public services or
public facilities.
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(4)
To instruct City representatives concerning
salaries, salary schedules, or compensation paid in the form of
fringe benefits prior to or during negotiations with employee
organizations.
(5)
To negotiate
and
discuss with
employee
organization representatives following the intervention of a
state labor conciliator in a labor dispute.
(6) To consider matters affecting the national
security in the case of a body operated by a private corporation
on which city officers serve in their official capacity and which
is supported partially or totally by city 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 a Closed Session of the City council shall
disclose to any person the content or substance of any discussion
which took place during said Closed Session unless the City
Council shall authorize the disclosure of such information by
majority vote, or unless such disclosure is required, and only to
the extent so required, by the provisions of Government Code
Section 54957.1.
RULE 4. AGENDA.
(a) The ci ty Clerk shall prepare the Agenda under the
direction of the city Manager as follows:
(1) The Agenda with all supporting matters shall be
delivered to Councilmembers on the Thursday preceding the Tuesday
city council meeting to which it pertains.
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(2) At any time prior to posting of the Agenda, any
Councilmember, the City Manager, or the city Attorney may direct
any matter to be placed upon the Agenda.
(3) At least 72 hours before a regular city Council
meeting, the City Clerk shall post a copy of the Agenda in the
city Clerk's office and in the lobby of the Police Department.
In connection with any special meeting of the city Council, the
notice calling the meeting and Agenda shall be posted 24 hours
prior to the special meeting. The city Clerk shall maintain on
file in the office of the City Clerk declarations establishing
compliance with the posting requirements.
(4) No action shall be taken on any item not
appearing on the posted Agenda unless the item is added to the
Agenda as follows:
(i) Upon a determination by a majority vote of
the legislative body that an emergency situation exists, as
defined in Government Code Section 54956.5.
(ii) Upon a determination by a two-thirds vote
of the legislative body, or, if less than two-thirds of the
members are present, a unanimous vote of those members present,
that the need to take action arose subsequent to the Agenda being
posted.
(iii) The item was posted for a prior meeting
of the legislative body occurring not more than five calendar
days prior to the date action is taken on the item, and at the
prior meeting the item was continued to the meeting at which
action is being taken.
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(5) Matters directed to be placed on the Agenda by
Councilmembers shall be listed thereon in the order of receipt of
such direction.
(b) Dates for public hearings required by law or on
matters of special public interest shall be set by the city
Council, the City Clerk, or the City Manager. Those matters set
for public hearing by the Ci ty Council may be so set in the
following manner: The city Manager shall place on an Agenda the
item, IIMotion to fix time and date of hearing
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The City
council shall only hear comments regarding the time and date, and
not the substantive matter under this heading.
(c) The time and date fixed for public 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 Ci ty
Council of the same shall be sent out not less than 15 days 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
communications 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.
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RULE 5. CITY COUNCIL CORRESPONDENCE.
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(a) Non-Council Items. written communications addressed
to the City Council, the subject matter of which comes within the
jurisdiction of any Board, Commission, 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
jurisdiction of a Board, Commission, or Department of the city
shall be referred thereto, notwithstanding the fact that direct
City Council action may be sought in such communications; such
communications shall not be placed upon the City Council Agenda.
Any person submitting a written communication to the ci ty
Council which is subsequently referred to a Board, Commission, or
Department of the City shall be notified of such referral by the
City Manager. If dissatisfied with either the action of the city
Manager or the action of the Board, Commission, or Department to
which the communication 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
collectively addressed to the city council and to give it
immediate attention to the end that all administrative business
referred to in said communications which do not necessarily
require city Council action may be acted upon between city
Council meetings.
(c) council Items. correspondence collectively addressed
to the City Council shall be received and opened by the City
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Council's Secretary, transmitted to the appropriate public
officer having jurisdiction over, and placed on the Agenda if
city Council action is deemed appropriate by the Mayor, City
Manager, or City Clerk, except that no communication shall be
placed on that Agenda that contains material which:
(1) Is profane.
(2) Is in the nature of a criminal 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 an advertisement or promotion 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.
(d) Availability to the Public. Correspondence addressed
to individual Councilmembers shall not be opened by the City
Council Secretary unless authorized to do so by individual
Councilmembers.
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 two 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
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aloud at a City Council meeting unless requested by a majority
vote of the Council. No item which is exempted from disclosure
by Government Code section 6254 shall be disclosed or treated as
a public record.
RULE 6. ORDER OF BUSINESS.
The business of the City Council shall be taken on for
consideration and disposition in the following order:
(a) Call to Order.
(1) Salute to the Flag.
(2) Invocation.
(b) Roll Call.
(c) ApDroval of Minutes of Previous Meetinq.
(d)
sDecial Agenda Items.
(Such as commendations, award
of service pins, introduction of special guests, presentations
and reports by the Santa Monica Rent Control Board, Board of
Education of the Santa Monica-Malibu Unified School District, and
Board of Trustees of Santa Monica College.)
(e) continued Items. Agendized items of a previous city
Council meeting not considered at such meeting.
(f) Consent Calendar. The consent calendar shall consist
of those items determined at the pre-Council agenda meeting to be
of a non-controversial nature and which under the city Council
Rules do not generally require a public hearing.
Unless a
Councilmember or a member of the general public wishes to be
heard on these items, they may be considered as a group by a
single motion to approve the consent calendar, and the title to
the individual consent items need not be read unless a request to
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do so is made by any Councilmember. (Public discussion permitted
only if the item allows discussion and a specific request to be
heard is made.)
(g) Public Hearinqs. Public hearings the time for which
has been set previously or set by law.
(Public discussion
permitted. )
(h) Ordinances.
(1)
Introduction and First Reading.
(Public
discussion permitted.)
(2)
Second Reading and Adoption.
(No public
discussion permitted.)
(i) Resolutions. (Public discussion permitted.)
(j)
Reports of Boards and Commissions.
(No public
discussion permitted unless consent is given by a two-thirds
(2/3) vote of the Councilmembers present.)
(k)
staff Administrative Items.
(Public discussion
permitted only if a specific request to be heard is made.)
(l)
Administrative
Proceedinqs.
Administrative
proceedings in which the city Council is required to make a
decision concerning an individual application or appeal. (Public
discussion permitted.)
(m) Written communications other Than Reports of
commissions and Officers.
The city Clerk shall list written
communications in order of receipt. (Public discussion permitted
only by person presenting the communication unless consent is
given by two-thirds (2/3) vote of the Councilmembers present.)
(n) Councilmember Discussion Items. The city Clerk shall
list Councilmember discussion items in order of receipt. (No
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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
majority vote of the city Council.
(0) Public Input. Members of the public may address the
city Council on items of interest to the public that are within
the subject matter jurisdiction of the city council.
Each
speaker may address the City Council for 3 minutes. If there are
more than 10 speakers, the City Council may further limit the
time of individual speakers or the total time on a particular
issue. No action may be taken on the item of interest to the
member of the pUblic unless the item appeared on the Agenda in
accordance with Rule 4.
RULE 7. PREPARATION OF MINUTES.
The City Clerk shall have exclusive responsibility for
preparation of the Minutes, and any directions for changes in the
Minutes shall be made only by majority vote of the City Council.
RULE 8. READING OF MINUTES.
Unless the reading of the Minutes of a city Council meeting
is ordered by a majority vote of the City Council, such Minutes
may be approved without reading if the city Clerk has previously
furnished each Councilmemher with a copy.
ROLE 9. PRESIDING OFFICER.
The Mayor shall be the Presiding Officer at all meetings of
the City Council. In the absence of the Mayor, the Mayor Pro
Tempore shall preside.
In the absence of both the Mayor and
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Mayor Pro Tempore, the City 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 until adjournment.
RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) partieiDation. The Mayor or Mayor Pro Tempore or such
other member presiding may move, second, and debate from the
chair, subject only to such limitations of debate as are imposed
upon Councilmembers by these rules and shall not be deprived of
any of the rights or privileges of a couneilmember 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 coming before the City Council, announce the decisions
of the city Council on all subjects, and decide all questions of
order~ subject, however, to an appeal by the city council, and a
majority vote of the City Council on any question of order shall
govern and determine conclusively such question of order.
(e)
Sianina of Documents.
The Presiding Officer shall
sign
all
ordinances,
resolutions,
and
other
documents
necessitating signature which 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
city Manager shall execute all contracts on behalf of the city
unless otherwise ordered by the City Council. No contract shall
be of any force or effect unless authorized by the city council
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and approved prior thereto by the City Attorney as to form and
legality.
RULE 11. SWORN TESTIMONY.
The Presiding Officer may require any person addressing the
City Council to be sworn as a witness and to testify under oath,
and the Presiding Officer shall so require if directed to ao 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
proceedings 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 Council 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 city
Clerk. Disobedience of such subpoenas, or the refusal to testify
(upon other than constitutional grounds) shall constitute a
misdemeanor.
RULE 12. RULES OF DEBATE.
(a)
Getting the Floor.
Every councilmember desiring to
speak shall first address the Chair, gain recognition by the
Presiding Officer, and shall confine himself or herself to the
question under debate, avoiding personalities and decorous
language.
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(b)
ouest ions to staff. Every Councilmember desiring to
question the city staff shall, after recognition by the Presiding
Officer, 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)
Interruptions.
A Councilmember, once recognized,
shall not be interrupted when speaking unless called to order by
the Presiding Officer, unless a point of order or a personal
privilege is raised by another Councilmember, or unless the
speaker chooses to yield to a question by another Councilmember.
If a Councilmember, while speaking, is called to order, he or she
shall cease speaking until the question of order is determined
and, if determined to be in order, may proceed. Members of the
City Staff, after recognition by the Presiding Officer, shall
hold the floor until completion of their remarks or until
recognition is withdrawn by the Presiding Officer.
(d)
Points of Order.
The Presiding Officer shall
determine all points of order subject to the right of any
Councilmember to appeal to the City Council.
If an appeal is
taken, the question shall be:
IIShall the decision of the
Presiding Officer be sustained? II
A majority vote of the
Councilmembers then present shall conclusively determine such
question of order.
(e)
Point of Personal Privileqe.
The right of a
Councilmember to address the city Council on a question of
personal privilege shall be limited to cases in which the
Councilmember's integrity, character, or motives are questioned
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or where the welfare of the City Council is concerned.
A
Councilmember raising a point of personal privilege may interrupt
another Councilmember who has the floor only if the Presiding
Officer recognizes the privilege.
(f) privileae of Closina Debate. The Councilmember moving
the introduction or adoption of an ordinance, resolution, or
motion, shall have the privilege of closing debate, after all
other Councilmembers have been given an opportunity to speak.
(g)
Motion to Reconsider.
A motion 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 while a Councilmember has the floor and said motion shall be
debatable.
A motion by a non-prevailing Councilmember or a
request by a member of the public for reconsideration may be made
only if one year has passed since the action was taken.
(h) Callina for the Question. Neither the moving party
nor the party seconding any motion is allowed to call for the
question.
(i)
Limitation of Debate.
No Councilmember shall be
allowed to speak more than once upon any particular subject until
every other Councilmernber desiring to do so shall have spoken.
Each Councilmember speaking on anyone item on the Agenda shall
be limited to 10 minutes per item to state his or her opinion and
views.
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RULE 13. REMARKS OF COUNCILMEMBERS AND SYNOPSIS OF DEBATE.
A Councilmember may request through the Presiding Officer
under the privilege of having an abstract of his or her statement
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.
RULE 14. PROTEST AGAINST CITY COUNCIL ACTION.
Any Councilmember shall have the right to have the reasons
for his or her dissent from, or his or her protest against, any
action of the City Council entered in the Minutes. Such dissent
or protest to be entered in the Minutes shall be made in the
following manner:
"I would like the Minutes to show that I am
opposed to this action for the following reasons .
"
RULE IS. RULES OF ORDER.
Except as otherwise provided herein, the city Charter,
other rules adopted by the City Council, or applicable provisions
of state law, the procedures of the city council shall be
governed by the latest revised edition of Roberts Rules of Order.
The city Council rules, or anyone thereof, may be
suspended by a vote of two-thirds (2/3) of the Councilmembers
present.
RULE 16. FAILURE TO OBSERVE RULES OF ORDER.
Rules adopted to expedite the transaction of the business
of the Ci ty Council in an orderly fashion are deemed to be
procedural only and the failure to strictly observe such rules
shall not affect the jurisdiction of the city Councilor
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invalidate any action taken at a meeting that is otherwise held
in conformity with law.
RULE 17. ADDRESSING THE CITY COUNCIL.
(a) Reaistration. Each person wishing to address the City
council regarding items on the Agenda where public discussion is
permitted shall register first with the city Clerk his or her
name and address prior to any discussion of that item, and
preferably shall register prior to the start of the City Council
meeting.
(b) Manner of Addressing the City Council.
Each person
desiring to address the city Council shall step up to the
microphone 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 is representing if 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 Presiding
Officer.
(c) Discretion to Limit Duration and Number of Soeakers.
Where more than one person desires to speak on a particular item,
it shall be within the discretion of the Presiding Officer to
limit the number and duration of presentations to not less than
10 minutes for each side giving equal time for each position or
side.
It is recommended that a spokesperson for each side be
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chosen prior to the meeting and the City Clerk shall advise
persons of this recommendation. If a spokesperson has not been
selected prior to the meeting, the item may be called and the
Presiding Officer may either pass the item or grant a recess to
permi t the selection of a spokesperson. The Presiding Off lcer
may also determine which persons have a predominate or
proprietary interest in an item and permit such person or persons
to speak first.
Nothing in this Section shall be deemed to
preclude the Presiding Officer or a majority of Councilmembers
present from allowing extended debate on any matter.
(d)
Persons Speaking on More than One Item.
Anyone
person wishing to speak on more than one item shall limit his or
her remarks to five minutes 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
pUblic hearing has been closed, no member of the public shall
address the city Council from the audience on the matter under
consideration without first securing permission to do so by a
majority vote of the City Council.
(f) special Time Limitations. Notwithstanding any other
provision of these Rules, the following special time limitations
shall apply to persons wishing to speak on Ordinances and Staff
Administrative Items:
(1) If seven or more persons wish to speak on such
an item, or if 20 or more persons have requested to speak on any
combination of items, each speaker's remarks shall be limited to
three minutes.
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(2) If fifteen or more persons wish to speak on such
an item, or if 40 or more persons have requested to speak on any
combination of items, each speaker's remarks shall be limited to
two minutes.
RULE 18. RULES OF DECORUM.
(a) Councilmembers. When the City Council is in session,
Councilmeltlbers must
preserve order
and
decorum,
and a
Councilmember shall neither by conversation or otherwise delay or
interrupt the proceedings or the peace of the City Council nor
disturb any Councilmember while speaking or refuse to obey the
orders of the Presiding Officer. Councilmembers shall not leave
their seats during a meeting without first obtaining the
permission of the presiding Officer.
(b) Employees. Members of the city staff and employees
shall observe the same rules of order and decorum as are
applicable 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.
(c) Persons Addressing the Council.
( 1) No person other than a Councilmember and the
person having the floor shall be permitted to enter into
discussions, either directly or through a Councilmember, without
permission of the presiding Officer.
(2) No questions shall be asked a Councilmember
except through the Presiding Officer.
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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 meeting.
(d) Members of the Audience.
( 1) Any person in the audience or at the city
Council table who engages in disorderly conduct such as hand
clapping, stamping of feet, whistling, using profane language,
yelling, 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 Presiding Officer shall be guilty of a
misdemeanor and upon instructions from the Presiding Officer,
wi th the consent of the maj or i ty , 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.
(2) No person shall be permitted to interrupt the
individual Councilmembers or the city Clerk when the City Council
is in session.
(3) Except with prior authorization of the Presiding
Officer, no placards, signs or posters, packages, bundles,
suitcases, or other large objects shall be brought into the city
Council Chambers.
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(4) Unless addressing the City Councilor entering
or leaving the City council Chambers, all persons in the audience
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 Presiding
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
representatives of the news media shall be permitted within the
rail without 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
designate, 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 City council meetings. Any Councilmember may move to require
the Presiding Officer to enforce the rules and the affirmative
vote of a majority of the City council shall require him or her
to do so.
RULE 19. VOTING PROCEDURE.
Any vote of the City Council, including a roll call vote,
may be registered by the members by answering II Aye" for an
affirmative vote or "Non for a negative vote upon his or her name
being called by the City Clerk.
Unless a member of the City
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Council states that he or she is not voting, silence 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
publicly 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
disqualification 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 during
the debate and vote on such matter, but shall request and be
given the permission of the Presiding Officer to step down from
the city Council table and leave the city council Chambers. A
Councilmember stating such disqualification shall not be counted
as part of a quorum and shall be considered absent for the
purpose of determining the outcome of any vote on such matter.
RULE 21. FAILURE TO VOTE.
Every Councilmember is entitled to vote unless disqualified
by reason of a conflict of interest.
A Councilmember 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.
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RULE 23. CHANGING VOTE.
e
The vote of a Councilmember may be changed only if he or
she 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.
RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A KOTION.
The following procedure shall be followed in connection
with any Agenda item requiring a motion:
(a) City Clerk reads the title.
(b) Explanation by city Manager, if called for by the
Presiding Officer.
(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) Presiding Officer to ask for a motion and second.
(h) Motion and discussion by the City Council.
(i) The maker of the motion to have a chance for further
discussion.
(j) Presiding 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 ordinances
specified in Section 619 of the City Charter. All ordinances
shall be prepared by the City Attorney.
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(b) Ordinances shall be prepared according to three
priorities. When requesting the preparation of ordinances, the
City Council shall instruct the City Attorney as to whether the
request is flurgent." The City Attorney shall classify all other
requests for ordinances as IInormalll or flextended.1I
(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
designated as "normal" or "extendedll 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 "urgent," 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.
Insofar as practicable, the city Attorney shall endeavor to
return ordinances to the City council which have been designated
as ltnorma1lt within 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.
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(3)
By 12: 00 noon one calendar week and six days
following said meeting (the second Monday following), and
following 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 final documents of requested ordinances to the City
Manager, to be included in the Agenda package for the next
subsequent City 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) Ordinances 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 number of
votes is required by law, in which cases the particular ordinance
or resolution shall be considered separately.
(h) A resolution, unless laid over by a majority vote of
the city Council, shall be acted upon on the day of presentation.
(i) Matters coming before the City council in the form of
recommendations which require the preparation of an ordinance and
subsequent first and second readings 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 is
anyone who desires to be heard on said proposed resolution. All
persons desiring to be heard must have registered with the city
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Clerk, prior to the discussion of the resolution, their name and
address, and the resolution item they wish to speak on and the
Presiding Officer will call upon speakers from that list. public
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 time of adoption of an ordinance or a
resolution, it shall be read in full unless after reading the
title thereof, further reading is waived by a unanimous vote of
the Councilmembers present. Such consent may be expressed by a
statement of the Presiding Officer that "If there is no
objection, the further reading of the Ordinance or Resolution is
waived."
(1) Resolutions may be adopted by the City Council by
title only, and the City Council may direct that the resolution,
other than the title, be drafted following such adoption. In
this event, it is not necessary that resolutions so adopted be
returned to the city council after the date of their adoption.
(m) Contracts for which amounts have been budgeted
previously by the city council shall be deemed approved by the
budgeting of such amounts and shall not be required to be
presented to the ci ty 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.
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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 item by the city Council shall be placed on
the Agenda before the final, reviewed 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 in an
order for a special meeting. At any such informal meeting, the
City Council shall not take any formal or binding action upon any
formal motion, resolution, ordinance, nor any other action
required by law to be taken by the City Council. Such informal
sessions shall be devoted exclusively to the presentation and
exchange of information.
RULE 28. JOINT MEETINGS WITH BOARDS AND COMMISSIONS.
The city Council, during the year, shall meet with the
individual Boards and Commissions at least once, when feasible
with the Agenda of the City council, said meetings to be
calendared as study sessions, to be held in the city Council
Chamber at such time as is convenient to the Councilmembers.
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RULE 29. COMMUNICATIONS BY BOARDS AND COMMISSIONS.
..
No city Board or Commission shall transmit an official
resolution or any other correspondence of said Board or
Commission on any matter of City policy to any non-City 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 city Council Chamber after seeking and obtaining
permission from the Presiding officer and be absent therefrom for
a period of time not to exceed 10 minutes without said absence
causing a halt in the City council proceedings.
RULE 3 J.. ADJOURNMEN'l' .
All city Council meetings shall adjourn at 11: 00 p.m.,
unless otherwise determined by a two-thirds vote of those
Councilmembers present.
RULE 32. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded
by tape recorder. The recording shall be made by the city Clerk
and shall be part of the records of the City Council. The use of
other recording or television equipment is permitted so long as
it is not disruptive of the meeting.
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RULE 33. INTERPRETATION AND MODIFICATION OF THESE RULES.
These rules shall be interpreted liberally in order to
provide for the optimum in the free interchange of information
and public debate without an unnecessary waste of time or
duplication of effort. These rules may be amended by resolution.
SECTION 2. Resolution Numbers 4525 (CCS), 4548 (CCS), 4570
(CCS), 4631 (CCS), 4848 (CCS), 4909 (CCS), 6387 (CCS), 6744
(CCS), 7212 (CCS), 7279 (CCS), and each of them, and any other
resolution adopting, amending, or relating to city 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:
f-'4~ ~ ~
ROBERT M. MYERS
city Attorney
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Adopted and approved this 9th day of December, 1986.
I hereby certify that the oregoing Resolution No. 7353(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on December 9, 1986 by the following
Council vote:
Ayes: Councilmembers:
Finkel, Jennings, A. Katz, H.
Katz, Reed, Zane and Mayor Conn
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: councilmembers:
None
ATTEST:
~~~
city Clerk~
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APPENDIX A
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1985-1986 REGULAR SESSION
Ch. 641
OPEN MEETINGS-AGENDAS AND OPPORTUNITY FOR
PUBLIC TO SPEAK-MANDAMUS AND INJUNCTION
Assembly Bill N"o.2674
CH~PTER 641
An act to amend Secbons 35144, 35145. 72121, and 72129 of the
Educahon Code. to amend Sections 54956. 549565, and 54960 5 of.
and to add Sections 54954 2, 54954 3, and 54960 1 to, the GO\ ernmf>nt
Code, reldtmg to lac a! agenCle!o
[ '.ppro\ t:>U b) Go\ t'rnor August 29. 1986 Fill"'d \\ Ith
St-crt'to\T\ of State Septt'mbt'r 2. ) 986 J
LEGISLUI\'E COl '!l.EL'S DIGEST
AB 2674, Connell)" Open meehngs local agencles
(l) Under eXlstmg prOVISIons of the Ralph M Bro"n Act and the
EducatIon Code, the achons oflegIslahve bodIes of local agencies and
governmg boards of school and commumty college dlstnct!. are
requued to be taken open!)" and their dehberatJons are requIred to
be conducted openly. Under these eXlstmg laws, the legblah\e bod}
of a local agenc)' and the govermng boards of school and commumty
college dlstncts are not required to post an agenda contamm~ a bnef
general descnpbon of each Item of bUSIness to be transacted or
dlSCU)~d at a regular meeting Addlbonally, eXlstmg law does not
prolublt an) a"bon to be taken, as defmed, on any Item not appearmg
on thf' posted agenda
Thh bill would make this requirement and prohlblhon, \\lth
certam excephons, as specIfied The requIrement \\-ould lmpose a
state-mandated local program
(2) The Ralph M Brown Act does not reqUIre that every agenda
for regular meehngs pro\lde an opportumt} for members of the
pubhc to mrectly address the legtslat1\"e body on items of mteres( to
the pubhc that are Wlthm the subject matter Junsdtctlon of the
legJslahve body
Tlus b1l1 would, except as specified, make thiS requirement and
would requlte the leglslatlve body to adopt reasonable regulations,
as specIfied These new reqUlrements would Impose a
state-mandated local program.
(3) The Ralph M Brown Act requires the legIslahve body of a
local agenc)' to give a speclfied nohce of specud rneetmgs.
ThiS bIll would, in addlbon, require a specmed postmg and make
a confotnung change
Exlsting law requires that an agenda of speclal meehngs of the
go\'emmg boards of school and commumt~ college dlstncts bE'
POsted at Jeast 24 hours prior to speCIal meetmgs
ThlS bill would addltionally reqUIre that the posted nohce speclf)'
the hme and locahon of the meetmg Thls reqwrement would
1ITlpose a state-mandated local program
Iym!)ol .. indicates text deletion
321
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Ch. 641
STATUTES OF 1986
(4) Exlsbng law defmes the term Uacbon taken" aud prescnht:>s
misdemeanor sanchons for each member of a legislative body ",ho
knowlDgl) attends a meetmg of the leglslahve body where achon IS
taken m vlOlahon of the Ralph M Brown Act EXlstmg la\\ also
authonzes any mterested person to commence an achon by
mandamus, lDJunchon, or declaratory rehef to stop or prevent
\'lolahons or threatened violations of statutory prO\.lSlons relatmg to
open meetmgs of local agencies or to determme the apphcatIon of
those provlSIons
Under eXJstmg law, as construed by thE' courts, any action taken at
a meetmg 10 \. 101at1On of the Ralph M Brown Act IS nonetheless vahd
ThiS bill would authonze an}' mterested person to commence an
action by mandamus, injunction, or declaratory relIef to determme
If certain achons taken by the leglslah\'e bod}' of a local agenc)' and
the governing boards of school or commumty college distncts are
null and VOId, as speCified It would require the mterested person to
make a demand of the legxslative or govermng body to cure or
correct the acbon, as specified. before commencmg the action It
would proVlde that the fact that a legislatIve or govermng bod}' takes
a subsequent action to cure or correct an action pursuant to tms
section shall not be construed, or be admiSSible, as eVIdence of a
\'101ation of the Ralph M BrO\,n Act.
(5) EXlsbng law authonzes a court to award reasonable attorneys'
fee to a plamtiff where :t is found the local agency has Vlolated
pro\-'1Slons of law relating to open meebngs, or to a pre\. mhng
defendant m cases m whIch the court finds the achon was clearly
frivolous and totally lacking in merit
ThIs bJU would authonze the award of reasonable attorneys' fees
10 achons to detenmne null and VOJd the acbons of a local agency as
descnbed in (4) above.
(6) The bill would also declare the Legislature's intent with
regard to the application of the Ralph M Brown Act to the goverr.mg
boards of school and conunumty dislncts.
(7) The Cahfornia ConstitutIon reqUJres the state to reimburse
local agencIes and school dJslncts for certain costs mandated by the
state. Statutory prO\iSlOnS establish procedures for makmg that
reImbursement, mcludmg the creahon of a State Mandates ClaIms
Fund to pay the costs of mandates which do not exceed $500,000
stateWIde and other procedures for clamlS whose stateWIde costs
exceed $500,000
This bill would provide that reimbursement for costs mandated by
the bIll shall be made pursuant to those statutory procedures and. If
the stateWIde cost does not E"xceed $500,000, shall be payable from the
State Mandates ClaIms Fund
The people of the State of Callforma do enact as follows:
SECfION 1 Secbon 35144 of the Education Code is amended to
read:
35144. A speCial meeting of the governing board of a school
dlstnct may be called at any hme by the presldmg officer of the
322
Changes or additions In 'ell' are Indicated by underline
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1985-1986 REGULAR SESSION
Ch. 641
board. or by a maJont)' of the members thereof. by dehvenng
personally or by mail wntten nobce to each member of the bpard.
and to each local newspaper of general cu:culanon. radloA- or
teleVISion station requestmg nobce in writmg The nohce shaH be
dehvered personally or by mall at least 24 hours before the tune of
the meebng as speCified m the nobce The call and notice shall
spec1fy the time and place of the special meebng and the business
to be transacted No other business shall be conSidered at those
meehngs by the govenung board The written nobce may be
chspensed Wlth as to any member who at or prior to the bme the
meeting convenes files With the clerk or secretary of the board a
wntten wmver of nobce The waiver may be gJven by telegram The
wntten nobce may also be dlSpe-nsed WIth as to any member who IS
actually present at the meeting at the bme It convenes
The call and nohce shall be posted at least 24 hours pnor to the
special meebnK In a locabon that 15 freely accessible to members of
the pubhe and dIStrict employees
SEC. 2. Seebon 35145 of the Education Code is amended to read
35145 Except as provided in Sections 54957 and 54957 6 of the
Government Code and in Section 35146 of. and subdiviSion (c) of
Section 48918 of. tlus code. all meebngs of the governmg board of any
school chstnet shall be open to the pubhc. and all actions authorized
or reqwred b)' law of the goverrung board shall be taken at the
meehngs and shall be subject to the following reqwrements
(a) M10utes shall be taken at all of those meetmgs, record1Og all
actions taken by the governing board The minutes are pubbc
reeord'and shall be avallable to the pubhc.
(b) An agenda shall be posted ~ the govermng board, or its
desi~ee, in accordance WIth the requirements of St"cbon 54954 2 of
the Government Code. Any interested person may commence an
achon br mandamus or mjunction pursuant to SectIOn 54960 I of the
Government Code for the purpose of obtamlOK a JudlcUlI
detemunahon that any action taken by the govermng board In
vlO)atJon of thiS subdIvision or Seebon 35144 is null and ,'old
SEC 3 Section 72121 of the Education Code IS amended to read
72121. Except as prOVIded In Secbons 54957 and 54957 6 of the
Government Code and in Section 72122 of, and subch"lslon (c) of
Section 48914 of, this code, all meetings of the govermng board of any
commumty college dlstnct shall be open to the pubhc. and all achons
authonzed or required by law of the go\'ernmg board shan be taken
at the meetings and shall be subject to the following requirements
(if Mmutes shall be taken at all of those meetmgs, recordmg all
actions taken by the governmg board The mmutes ar:~. pubhc
recordsTand shall be available to the- pubhc
(b) An agenda shall be posted ~ the govermng board, or its
deSignee, 10 accordance "'lth the reqUlrements of Section 54954 2 of
the Covernmt:nt Code Any mterested person ma)- commence an
achon b)' mandamm or llljunctlOn pursu,mt to Section 54960 1 of the
Government Code for the purpose of obt.unmlZ; a JudICial
aetE'Tminahon that anr achon taken by the IZ;overnmlZ; board m
5ymbol.,. indlca!el text deletion
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Ch. 641
STAT\.JT~8 OF 1986
vIOlation ofthis subdl\'lsion or subdivision (b) ofSectton 7212915 null
and vOId -
SEe. 4. Section 72129 of the Education Code is amended to read
72129 (8) Specml meehngs ma)' be held at the call of the
preSident of the board or upon a call issued in writing and SIgned by
a maJonty of the members of the board
(b) A notice of the meeting shall be posted at least 24 hours prior
to the special meeting and shall specify the hme and location of the
meetlng and the busmess to be transacted and shall be posted m a
location that IS freely accessible to members of the pubhc and dtstnct
employees.
SEC. 5 Section 54954.2 is added to the Government Code. to
read.
54954.2 !!l At least 72 hOUTS before a regular meehng. the
legtslattve bod} of the local agency. or its deSIgnee. shall post an
agenda contalOing a brief general description of each item of
business to be transacted or dISCUSSed at the meeting. The agenda
shall specify the time and location of the regular meehng and shall
be posted in a locahon that is freely accessible to members of the
pubhc So action shall be taken on any item not appearing on the
posted agenda. .
(b) !\otwlthstandmp; subdhision (a). the lep;isJahve body may
take action on items of business not appearinR on the posted ap;enda
under any of the followmp; condItions
(1) Upon a detenninahon by a majority ,'ote of the legISlative
body that an emergency situahon exists., as defined in Section
54956 5.
(2) Upon a determination by a two-thirds vote of the legtSlative
body, or. if less. than two-thirds of the members are present. a
unanimous vote of those members present. that the need to take
action arose subsequent to the agenda being posted as speafied 10
subdhiSlon (a)
(3) The item was posted. pursuant to subdiVJsion (a) for a pnor
meetIng of the legIslative body occurnng not more than five
calendar days pnor to the date action is taken on the item. and at the
prior meeting the item was conhnued to the meeting at wmch action
is betng taken.
SEC. 6. Section 54954.3 is added to the Government Code, to
read
54954 3 (a) E\'ery agenda for regular meehngs shaJl prO\"1de an
opportumty for members of the pubhc to dlTectly address the
legtslah\Oe bod} on items of mterest to the public that are withm the
subject matter JurisdictIon of the legislatl\'e bod)', prOVIded that no
action shaU be uken on an)' item not appeanng on the agenda unless
the action is otherwise authorized by subdivision (b) of Section
54954 2 Howe..'er, In the case of a meeting of a at)' council in a CIty
or a bO.iTd of supervisors in a CIty and county t the agenda need not
provide an opportunity for members of the public to address the
counetl or board on an)' item that has already been considered by a
comnuttee, composed exclusively of members of the counctl or
board, at a public meE-ting wheretn all interested members of the
324
CMngeI or -'ditfon. In fe.. .r. IndIc:.Ited by underline
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1985-1986 REGULAR SESSION
Ch. 641
pubhc were afforded the oportumty to address .the comnuttee on the
Item, unless the item has been substantIally changed SInce the
committee heard the item, as determmed by the council or board
(b) The legislabve body of a local agency may adopt reasonable
regulahons to ensure that the intent of subdJ\!i~lon (a) is carried out,
including, but not limited to, regulations limitmg the total amount of
time allocated for pubhc tesnmony on particular ISsues and for each
mdl\'idual speaker
SEC. 7 Section 54956 of the Government Code 1$ amended to
read
54956 A special meeting may be called at any time by the
presIding officer of the legtslahve body of a local agency, or by a
majorlt) of the members of the legislative body, by deltvering
personally or by mail wntten notJce to each member of the
leglslabve body and to each local newspaper of general circulation,
radio or televisJon station requesting notice in writing. The notice
shall be delIvered personally or by mail and shall be received at least
24 hours before the hme of the meeting as specified in the notice.
The call and nohce shan speCify the time and place of the special
meetIng and the busmess to be transacted No other busmess shall be
consIdered at these meetings by the legislanve body. The wntten
notice may be d15pensed with as to any member who at or prior to
the bme the meeting convenes files with the clerk or secretary of the
leglslati'\ e bod) a written waiver of notice The waiver may be gt"Jen
by telegram The written notice may also be dtspeilsed WJth as to any
member who is actually present at the meetmg at the time it
convenes Notice shall be required pursuant to this secbon regardless
of whether any action is taken at the special meebng
The call and notice shall be posted at least 24 hours pnor to the
speCJal meetinR in a location that 1$ freel)' accessible to members of
the pubbc. .
SEe. 8. Secbon 54956.5 of the Government Code is amended to
read,
54956 5. In the case of an emergency situation involving matters
upon which prompt action is necessary due to the dISruption or
threatened disruption of pubbc facilities, a legislabve body may hold
an emergency meeting Without complying with either the 24-hour
notice requirement or the 24-hour posting requirement of Secbon
54956 or both of the nonce and postinR requirements
For purposes of this sechon, "emergency situation.' means any of
the fonowmg:
(a) Work stoppage or other acnvlty which severely impairs pubhc
health, safety, or both, as determined by a ma.Jonty of the members
of the legislative body.
(b) Cnpphng d15aster whIch severely impalrs pubbc health,
safety, or both. as determined. by a maJont)' of the members of the
legislative body.
However, each local newspaper of general circulation and rawo or
televlSJon statIon which has requested notIce of specIal meebngs
pUtsuant to Sechon 54956 shall be nobned by the presidmg officer of
the legtslatlve body, or deSIgnee thereof. one hour pnor to the
'YmboI ~ indicate. text deletion
325
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Ch. 641
STATUTES OF 1986
emergency meetmg by telephone and't'all telephone numbers
pro\ Ided m the most recent request of such newspaper or station for
notIfication of speCIal meetings shall be exhausted In the event that
telephone ser\1.ces are not funcbomn8.z. the notice reqUlrements of
thIs sectIon shall be deemed waIved. and the legtSlahve body, or
designee of the le~slatIve body, shall notIfy those newspapers, radIO
stcitJOns. or teleVISion statJOns of the fact of the holdmg of the
emergency meeting, the purpose of the meeting. and an>- action
taken at the meetmg as soon after the meetIng as possIble
NotwithstandIn~echon 54957, the legIslative body shall not meet
m closed sessIon dunng a meebng called pursuant to thiS sectIon
All special meeting requrrements, as prescnbed lD Sechon 54956
shall be apphcable to a meetmg called pursuant to tlus sectIon, With
the except\on of the 24-hour nohce requirement.
The mInutes of a meeting called pursuant to thiS secbon, a I1st of
persons who the presldmg officer of the legIslatIve body. or deSIgnee
of the le~slah\'e bodv. notIfied or attempted to nohf)'. a copy of the
rollcall \ ote. and any actions taken at the meebng shall be posted for
a minimum of 10 days m a pubhc place as soon after the meetIng as
possible
SEC.9 SectIon 54960 1 is added to the Government Code, to
read
54960 1 (a) Any mterested person may commence an acbon by
mandamus or mJunctIon for the purpose of obtaimng a jUdICIal
determmabon that an action taken by a legIslatIve bod) of a local
agenc} In VIolatIon of Section 54953, 54954 2, or 54956 IS null and VOId
under thIS sectIon ~oth1Dg in thIs chapter shall be construed to
prevent a legJslat1\'e body from cUrmg or correctIng an actIon
challenged pursuant to thIS sectIon.
(b) PrIor to an} .lctIon being commenced pursuant to subdn:islon
(a), the Interested person shall make a demand of the leglslat1\.e
body to cure or correct the achon alleged to have been taken m
VIOlation of SectIon 54953, 54954 2. or 54956 The demand shall be 10
wntmg and clearly descnbe the challenged actIon of the leglslah\ e
body and nature of the alleged violation. The wntten demand shall
be made \\'1thm 30 days from the date the acbon was taken WIthIn
30 days of receipt of the demand, the legislatIve body shall cure or
correct the challenged achon and Inform the demandlOg part)' in
\Hltmg of Its actIons to cure or correct or mform the demandmg
party m '....ntIng of ItS deciSIOn not to cure or correct the challp.nged
acbon If the legislatIve body takes no achon \\ithin the 3D-da)'
penod, the machon shall be deemed a declSlon not to) cure or correct
the challenged achon, and the IS-day penod to commence the achon
descnbed in subdIVISIon (a) shall commence to run the day after the
3O-da) penod to cure or correct expIres. WJthlD 15 days of receIpt of
the wntten notlce of the legislatI"e body's deCISIon to cure or correct,
the explrabon of the 3O-day period to cute or correct, or 75 da\s from
the date the challenged actIon was taken, whichever IS earher, the
demanding party shall be reqUlred to commence the actIon pursuant
to subch"lsion (a) or thereafter be barred from commenCIng the
action
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CMnO" or M!dltlona In text .,. Ind~'ed by underline
~
....
e
e
1985-1986 REGULAR SESSION
Ch. 641
(c) An achon taken shall not be dctermmed to be null and void
If any of the foUowmg condItIons eXIst
(1) The achon taken was 10 substanhal comphance WIth Sections
54953, 54954 2, and 54956
(2) The action taken was In connectlOn Wlth the sale or lSsuance
of notes, bonds, or other eVIdences of mdebtedncss or any contract,
instrument, or agreement thereto
(3) The acta on taken gave rise to a contractual oblIgation.
mcludmg a contract let by competttwe bid, upon which a party has,
in good fa1th, detrImentally rehed
(4) The achon taken was in connecbon With the collection of any
tax
(d) Dunng any achon seekmg a JudiCial determmatIon pursuant
to subdn:1Sion (8) at the court deternunes, pursuant to a shoY..mg b}
the legIslative body that an action alleged to have been taken 10
VIolatIon of Sectlon 54953, 54954 2. or 54956 has been cured or
corrected by a subsequent achon of the legIslative body, the actIon
filed pursuant to subdl\'lSlOn (a) shan be dIsmissed With preJud~ce
(e) The fact that a legISlative bod} takes a subsequent achon to
cure or correct an achon taken pursuant to thiS sectIon shall not be
construed or admiSSIble as enclence of a viola bon of thIS chapter
SEC 10 Sectlon 54960 5 of the Government Code IS amended to
read'
54960.5 A court may award court costs and reasonable attorney
fees to the plamtlff m an acbon brought pursuant to Sechon 54960 Q!
54960 1 where it is found that a legislatIVe body of the local agency
has Vlolated'l:hls chapter The costs and fees shall be paId by the local
agency and shall-not become a personal habihty of any pubhc officer
or employee of the local agency
A court mayUaward court costs and reasonable attorney fees to a
defendant in any achon brought pursuant to Sechon 54960 or 54960 1
",here the defendant has prevaued m a final determmatlon of such
action and the 'court fmds that the action was clearly fTl\'olous and
totally lacking m ment
SEe 11 The LegIslature does not mtend, by 10cluding an express
rererence to Sections 54954 2 and 54960 1 of the GO\ ermnent Code
In Sections 35145 and 72121 or the Education Code, as amended by
lhlS 3ct, to Impl) th,it other sechons of the Ralph ~ Bro" n Act whIch
ha\ (. be-en ronstnlf. d as apph m~ to meehngs of the gO"'t'rmng board...
of school and commumt) co)]ege dlstncts shaH not continue to applr
to those meetmgs
SEC. ]2 ReImbursement to local agencies and school dlstnct'i for
costs manddted by the state pursuant to thIS act shan be made
pursuant to Part 7 (commencmg With Section 17500) of 01\ lSlOn 4 of
TItle 2 of the Government Code and, If the state" ide cost of the
claim for reimbursement does not exceed five hundred thousand
dollars ($500,OOO}, shan be made from the State Mandatee; ClaIms
Fund
aym'Dol ... Indicates text deletion
327