SR-6-I (91)
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City C1erk:CED:ra JlIN Cl f', !'I~~:
J v V >....*"~
City Council Meeting: 6/30/92 santa Monica, California
TO: Mayor and Counci1members
FROM: Clarice E. Dykhouse, City Clerk
SUBJECT: Recommendation to Direct City Attorney to Draft an
Amendment to Resolution 8l68(CCS) to amend the Rules of
Order and Procedure for the Conduct of City Council
Meetings
INTRODUCTION
This report recommends that the City council direct the city
Attorney to draft an amendment to Resolution No. 8l68(CCS)
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING RESOLUTION NUMBER 7521(CCS) TO AMEND THE RULES OF
ORDER AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS",
adopted January 22, 1991 to comply with recent revisions to the
Ralph M. Brown Act (Senate Bill No. 100) .
BACKGROUND
Senate Bill No. 100 modifies section 54954.3 of the Ralph M.
Brown Act relating to open meetings. Under the new guidelines
Council must provide an opportunity for members of the public to
speak on any item on the agenda prior to, or during, any
consideration of the item. This change will necessitate the
revision of Council Rules and Regulations to allow the public to
address all items, including: l~. Reports of Boards and
Commissions, 13. Written Communications Other than Reports of
Commissions and Officers and 14. Councilmember Discussion Items,
which now require a 2/3 vote of the council. Council could allow
time for public input at the beginning of each meeting or prior
to consideration of each item.
FINANCIAL/BUDGETARY IMPACT
The proposed action by Council will have no budgetary impact at
this time.
RECOMMENDATION
It is recommended that the City Council direct the city Attorney
to draft an amendment to Resolution No. 8168 (CCS) .
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prepared by: Clarice E. Dykhouse, City Clerk
Attachment: A. Article re Additional Brown Act Requirements
B. Current Rules of Order for the Conduct of
council Meetings (excerpts from Res. No. 8168
and Council Motion of June 12, 1984)
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ADDITIONAL BROWN ACT REQUlREMRNTS
Effecttve January 1, 1m, Senate BUllOO added are. address the council or board on any item that hu already
quirement to the Brown Act that lI'llllVl-ltes cities give the been considered by a committee, composed exclusively of
public the oppol tt1nity to speak on an item b~i or memben of the council or board, at a public meeting
during consideration of the item by the legislative body. wherein all interested members of the public were af-
Specifically, GovenImed ())d., SedioD~.3 Is --'lIW4 forded the opportrlnity to address the C('1I'l1I'li~ on the
to read: item, bQ'uivor duriD.& the w;-'~~-'~'I CODIideptinu of
the item, unlell the item bu been lu~,lIy chmged
SEcnON 1. SectioDS49S4.3 of the Govemmem Code since tho amwnittee heard the item, as d~!!!IDiDed by the
is amended. to read: council or board.
54954.3 (a) Every Blenda for regular meetiDp aball (b) The lqialadve bcdy of .a local aeeacy may adopt
~ provide an opportunity for memben of the public to reasonable regulationa to ensure that the intan of subdi-
directly address the legillative body OD any item of viaion <I> is carried out. including, but DOt limited to,
interest to the pubUc, bt;i"uii or durm, the Jegjaladve regulatiom limiting the total amount of time allocated for
body's considCiili1on of the item, thati. wittlhi theaubject public teocri-my on particular issues and for each lDdivid-
matter jurisdiction of the lectalative body, provided that ual speaker.
DO action shall be taba 011 auy it~ DOt aw-iDIon the
alenda unless the action II otherwise authorized by
subdivision (1)) ofSectionS4954.2. HOWflYer, in 1I1e case
of a meeting of a city council in a city or a board of
supervison in a city and county, the agenda need DOt
provide an opportunity for memben of the public to
.
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L BROWN Acr, POLITICAL REFORM ACr, CONFLIcrs
OF 1NTEREn', PVBUC RECORDS
1 Local AgeJu:y Costs. AB 102 (ConncIM. Chanter 23R This bill states the intent of thc LegWaturc that
rCJDlbunemcnt to local agcnacs for costs mandated by the posting requirement and other spcc:ified statutes
relatiDg to open m~rln~ be sIricdy intc'YI~ied. It states tlw ~~ t'Ji~ foe reimbursement undu the pc:I5Iiag
requiremeDt llha,1I only include the actual cost to post a ~~ftgl~ agenda for any ODe mcctine-
2. Campaip Co-....H- Ball<< Meulll"el. AB 559 lPoIaIlml. Chanter lOT!. This bill relates to prcmsioas of
the Political Reform Ad: of 1974 requiring campajp com...ittv- formed or e,xictin: primSl.rily to support or
oppose the qIlSl.lif"u:atiOll of a ballot measure tQ file a ram~~ IlalcmcDt 21 days after any petitions to qualify
the measure are filed, or 21 days aftel' the dC',a,n;- f~ film! the petiti01l'f, whichever is earlier.
3. Campaip Coalribudoa kooq.t. E:lrI:Iapdl-. AB WI lPnLuunl. Cha~er 1078. This bill exempli from the
Political RefOJ1D Ad: of 1974, rcquiriDg any caDrI;rI-. who will DOt receM CODlributioas and who makes
expcndi&Uia from persooal "lftrl. less thillft $1,000 ia a tllcudar year 10 support the ,..,.lUfidacy, ~pI: as specihed.
Permit. such c:andidates to make payment for the eandNJSI.t~ fi1in! fee and &talemCDt of qW1l1ificatiooa direcdy
from hisfhcr persoaal fuads.
4 PoUtiaIl Relona Ad. PrtIariIy Fonaed Coa-"'-. AB 602 (Claamnl. Chanter 191. This biD iadudcl.ia the
definition of a p~~Tily formed c:cm..ni~~ any committee which is formed or ~~ primarily to support or
Oppose two or more measures beiDg voteclupoa ill the same IIIle eledioa. Subjects the broader calcgory of
committees to the requirements of the Political Reform Act of 1914, !he failmc 0( wbic:b would result in aimiaaI
sanctions.
5. Spoasored COlD_Wen AB 919 (Chacon). Chanter 13(t This biD p.UTides under The Political Reform Ad: of
1974 that a person, other thlln a candidate or other indMdual, spoasor& a CC\mft1itt~ if the (:(lmmittcc receives
80% or more of iIs COJ:Itributions from the person or its membcJs, offic:crs, employcCSp or sharcholden.
6. Political Reform Ad. Eeoamak: Interests. Gifts. AD 1271 lSneier). OtaDter 857. The Political Reform Ad
of 1974 requires ~C~iIlt'.d employees who assume office to disdosc c:crtaiB cconom.ic interests for purposc.s of
identifying conflicts of interest. AB 1271 rcqwrcs a member of a state licensing or regulatory ~ bureau 01'
comft1io:..~ion to file the orieinlll! of his or her statement of economic interest with his or her board, bureau, or
comft1l~ion. The board, bureau, or commiu.i9Q is dlen required to make and retain a copy and to then. forward
the originJlI to the Fair Political Practices Commiw.;...
7. Public 0fIIdals. Coollkt ollDleI"eat. AB 1402lEavesl. Cha~er 382. EYictilPg law prohibits certain state and
loc:al of6MiIllc aDd employees from finucial interests in any c:outrac:l made by any body on wbich they scn'C as
a member. This bill adds specified interests which. if bcId by an officer or employee. will ROt be deemed to make
thlit person interested in the contract, that of c:ompenlUltion for employment widl a govcmmeDlal ageac:y other
than the ~ram~rJiI agcnc:y that employs the otliccr or employee, provided that the interest IS disclosed to the
body or board at du: time of c:on~..ratio.a of the COIltrad, and ,hJl' it is DOted in its official record.
"-
8. OpeD Meetbqp. Local Apades. SB 100 f1...ockver). Chanter 66. This bill provides lhat die Brown Ad
opportuaity of the public to be heard OIl an item before a lcgislatjvc body chJlII be provided to the public before
or during the considcrabOD of that item by the 1egislatiYe body or coft1mittec of the legislatiYe body.
9 PoUtlc:al RcfOl'1ll Ad. Slate Mailers. DbdOlUI'L SB ln (Loc:kver). Chanter 403. This bill requires that the
nlime of any candidate for partisan office which appeu'S m a slate Mader of a political party differing from that
of the candidate, must be accompanied witb the candidate's party designation in 9--point roman type. The bill
also provides for criIl'Iiftal penalties.
LCC Wrapo-Up Bulletin. F"mal Edition - 1 . Statutes of 1991
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~ULES OF ORDER FOR THE CONDUCT OF COUNCIL MEETING~
(Resolution No 8168 and CouncIl monon of June 12. 1984) . ,
Persons wlshmg to address the Cuy CouncIl regardmg Items on the agenda. where
publIc diScussIon IS permItted. must be present to submit theIr name and address In
WTItIng 10 the City Clerk prior to any discussion of that item. Request-to-speak
forms are avaIlable 15 mmutes prIor to the meeting and throughout the meeting.
Remarks are hmIted to 3 mmutes If 15 or more persons WIsh to speak on an nem
or 40 or more on a combination of items. remarks are lImned to 2 mmutes Persons
WIshing to speak on more than one Item wIll be lImIted to 3 minutes on the Item
they conSIder most Important, 2 minutes on the second most ImpOnant and 1
mmute on addmonal Items. Mayor may lImIt group presentatIons to 10 mInutes for
each sIde. please notIfy the City Clerk If a spokesperson IS chosen.
ORDER OF BUSINESS
4. SpeCIal Agenda Items (commendauons and presentatIons).
5. Contmued Items.
6. Consent Calendar (all Items consIdered 10 one moUon unless removed
for diSCUSSIon).
7 Admmlstrauve Proceedmgs (publIc dISCUSSIon permItted).
8. Ordinances: 1st readmg (publIc dIscussIOn permItted).
2nd readmg (no public discussIOn permItted).
9. Staff AdmInIstrative Item (publIc diSCUSSIon penmtted).
10. PublIc Heanngs (pubhc dISCUSSIon permitted).
11. Reports of Boards and CommISSIons. *
12. Resolullons (pubhc diSCUSSIon permItted).
13. WrItten CommunIcatIons Other than Reports of CommIssIons and
Officers. *
14 Councllmember DISCUSSIOn Items. *
15. PublIc Input. (members of the publIc may address the City CouncIl on
Items WIthIn the subject matter JUrIsdiction of the CIty CounCIl. Each
speaker lImited to 3 mInutes. If there are more than 10 speakers. the City
CouncIl may make funher lImitatIon on the Hme).
*2/3 vote of the Cl(v Councli requITed to hear publzc dlscusslDn
When addressing Council: Please state your name/address: address the City
CouncIl as a whole. not as mdlvlduals: no questIOns of CouncIl members or staff
shall be asked WIthout the permISSIon of the preSIdIng officer Please be courteous.
Members of the audience: Please refraIn from clappmg, whistling, or acts of
disorderly conduct; do not display SIgns or posters In Chambers or distnbute
hterature WIthout pnor authonzauon of the preSIding officer; remam seated unless
addreSSing the City CouncIl: do not stand or sit In aIsles: do not go behmd raIls
unless news--medla-'Of~authonzed by the preSIding officer. Order o.C business may
not be changed except by maJonty vote of the CIty CounCIl.
City Hall and the CounCIl Chambers are wheelchaIr acceSSIble. If you have any
speCIal dIsabIlity related needs such as SIgn language InterpretIng, access to an
amplIfIed sound system. etc.. please contact the City's Office for the DIsabled at
458-870 I ext. 0 (TDD. 458-8696)
Translators can be proVIded If pnor arrangements are made WIth the CIty Clerk's
Office (213) 458-8211
NO SMOKING PERMITTED IN CITY HALL
December 1991
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Santa MonIca, CalifornIa, December 5, 1978
TO . ~1ayor and City CouncIl
FRm.r . CIty Clerk and Citv Manager
SUBJECT: CouncIl Heeting Rules and Procedures
Introduction
This report transmlts a recommendation for adoption of a resolution
amending the rules of order and procedure for the conduct of CIty
Council meetings.
Background.
In revielHng the CouncIl resolution setting forth the means for
conduct of Council meetIngs, It was noted that some mInor language
and procedural revislons could be effected to more accurately reflect
present procedures. Those changes have been made and a resolutIon
containlng all procedures lS submitted for Council consIderation.
Recommendatlon
It IS recommended that CouncIl review the resolutIon for any addi-
tlonal reVISIons they may wIsh to make and adopt the resolutIon
, ,
submItted with appropriate amendments.
;'rcp;:~r;;u by: Davld P. Doiter ~
Joyce SnIder
~
\ l-G - <:: HHtf) 5c= f<.. 17c lC ?i"-O C
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RESOLUTION ~O.
(City Councll Series)
A RESOLUTIO~ OF THE CITY COU~CIL OF
THE CITY OF SANTA MO~ICA DELIXEATING
RULES OF ORDER fu~D PROCEDURE FOR THE
CONDUCT OF CIrY COUNCIL MEETINGS.
THE CITY COU~CIL OF THE CITY OF SA~TA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION 1. That the rules for the conduct of City
Council meetings shall read as follo\v'"s:
"RULES FOR CITY COU~CIL MEETIXGS"
Section 1. Quorum. In accordance with
Section 614 of the Santa Monlca Municlpa1 Charter, four
members of the City Councll shall constitute a quorum for the
transaction of business, but a smaller number may adjourn
from tlme to time until a quorum lS present and those present
may obtain the attendance of the absentees. Except as otherwise
provided ln the Charter, or by law, action taken by the Councll
shall be taken by a majority vote of the entire membershlp of
the Council.
~henever any member ralses the question
as to the presence of a quorum, the presidlng Offlcer shall
forthwith direct the Clerk to call the roll and shall announce
the result, and such proceedings shall be without debate, but
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no member, while speakin~, shall be Interrupted by raISIng the
question of the presence of a quorum. Every member present
must make response when hlS name 1S called.
The City Council shall judge the qualiflcatlons
of its members as set forth by the Charter.
SectIon 2. ~Ie.eting:s to be Public--
Exception for ExecutIve SeSSIons. All regular, adjourned
regular, and special meetings of the C1 ty Council shall be
publIC; provIded, however, that the Clty Courrell may hold
Executlve Sessions during a regular or special meeting, from
Wh1Ch the public may be excluded, for the purpose of cons1derlng
the matters referred to in Section 54957 or 54957.6 of the
Government Code of the State of California relating to
Executive Sessions of the legislative body, or pursuant to
other provisions of law.
The above sectIon is specifically limIted
by the follm,nng:
l. RestrIctions in ExecutIve
Sessions do not apply to meetings of committees of the Clty
CouncIl consIsting of less than a quorum of ItS members.
2. Executive Sessions may not be
held to conslder the broad category of npersonnel" matters.
3. Executive Sessions relat1ng to
personnel are lilJlited to those re la tIng to the appo1ntment,
employment or dIsmissal of a public off1cer or employee or
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to hear complaints or charges brought against such off~cer
or emp loyee.
The gene ral categories permitting Executive
Sessions shall include, but not be lim~ ted to.
1- To cons ider the employment or
dism~ssal of a public officer or employee, or to hear charges
brought against such person unless the off1cer or employee
in question requests a publIC hearing, in which event a public
hear~ng shall be permitted.
2. To dlscuss vnth the City Attorney
litigation pending, proposed or anticipated where a publlc
discussIon would benefit the CIty's adversary and be detrimental
to the public.
3. To meet \nth the Attorney General,
District Attorney, Sheriff or Chief of PolIce (or thelr
Deputies) on matters tlposlng a threat to the security of
public bUIldings or a threat to the publIC'S right of
access to public services or publlc facilities."
4. To instruct City representati ves
concernIng salaries, salary schedules or compensation paid
in the form of fringe benefits prior to or during negotiatIons
with employee organizations.
=>. To negotlate and discuss tdth
employee organization representatIves follOl.ling the Intervention
of a state labor conciliator in a labor dlspute.
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6. To cons ider matte rs affectlng
the natlonal securlty in the case of a body operated by a
prlvate corporat1on on WhlCh Cl ty 0 fficers serve in thelr
official capaclty and which lS supported partially or totally
by city funds.
7 . To consider those matters which
by law are properly subject to Executlve Session.
Xo member of the City Council, employee of
the City, or any other person present during an Executlve Session
of the Councll shall dis close to any person the content or
substance of any discusslon which took place durlng sald
Executlve Session unless the Clty Counell shall authorlze 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 Section 54957.1 of the Government Code
of the State of Californla.
Section 3. Agenda. T~e Ci ty Clerk shall
prepare the Agenda ln cooperation wlth the City Manager.
The Agenda wlth all supporting matters shall be de 1 i ve re d to
Counc1lmembers on the ~lJednes day preceed1ng the Tuesday Council
~eeting to WhlCh it pertains and shall be made available to
the public no later than three o'clock on the Friday preceding
the scheduled Councll ~eetlng; provlding, howeve r, th a tat
any time prior to the hour set fOT the Council Meeting, any
Counci Imember, the Clty Manager, the City Attorney, or the City
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Clerk may add any matter deemed urgent to the Agenda; prov1ded,
further, that any item of public interest or concern so added
to the Agenda after Its publlcation to the general public
shall not be cons1dered unless it is accompan1ed by a full
explanation by the advocate of such item and untll after a
two - th1 rds (2/3) vote of the Councilmembers present have
voted to do so. :.la t ters directed to be placed on the Agenda
by Counc1lmembers shall be listed thereon in order of receipt
of such direction.
Dates for publ1c hearings requi red by
law or on matters of speclal publlC 1nterest shall be set by
the City Council, the City Clerk, or the C1 ty Manager. Those
matters set for publIC hearing by the City Council may be so
set in the following Nanner: The City ~anager or City Clerk
shall place on the Agenda the Item: ttA recommendation to
fix tIme and date of hearing tI The councIl shall only
. . .
hear comments regarding the time and date. and not the sub-
stantive matter under th1S head1ng.
The time and date fixed for public hearings
shall be such that large number of citizens can be accoMmodated
in the Council Chamb e rs and als 0 can be heard earlier in the
evening. Such notices as requIred by law or requested by
the Council shall be sent out not less than ten (10) days
prlor to the hearing, unless another tune 1S othen~ise specified
by law.
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lIlh e re a matter requires a formal public
hearing prlor to final actlon by the City CouncIl, no person
shall be heard thereon except at the time of the public
he arlng.
No public discuss10n shall be permitted on
second reading of Ordlnances, reports of co~missions, written
communications other than reports of officers and comm1ssions,
or on Mayor and Counc11member discussion items, unless consent
1S given by tHO thi rds (2/3) vote of the Councilmembers present.
Section 4. Council Corre,spondence.
(a) :.Ion Council Items. l'i'ri tten
communlcat10ns addressed to the C1 ty Council, the subj ect
ma t ter of whi ch comes within the jurisdlction of any Board,
Commiss10n, or Department of the C1 ty , may be referred to
such Body or Department, or both, by the Clty Manager, and
such communicat10ns shall not be placed upon the Councll
Agen da .
All communications directly
relating to the work or jurlsdiction of a Board, Comm1SS1on,
or Department of the C1ty shall be referred thereto, not-
withstandlng the fact that direct Co unci 1 actlon may be
sought in such commun1cations; such communications shall
not be placed upon the Councll Agenda.
Any person subm1ttlng a
wT1tten commulllcation to the City Council which is subse-
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quently referred to a Board, Commlss1on, or Department of
the CIty shall be notif1ed of such referral by the CIty
:<Ian age r . If dIssatisfied wIth either the action of the
Clty Manager or the action of the Body or Dep artment to
which the communication was referred, such person may appeal
to the C1ty Counci 1.
(b) Authoritv of the Citv ~anager.
, (
The City Manager and the CIty Clerk are authorIzed to open all
mail or other wr1tten communications collectively addressed
f
to the City Council and to gl ve 1t 1mmedIate attentIon to
end that all admin1stratlve bUSIness re ferred to in said
communIcat1on which does not necessarily require Council
action may be acted upon between Councll ~eetings.
(c) Councll Items. Correspondence
collectIvely addressed to the CIty Council may also be
rece1ved and opened by the City Council's Se cretary , trans-
ffi1 t te d to the appropriate public officer having JurIsdIctIon
over, and placed on the Agenda if Councll action is deemed
appropriate by the :layor, City Manager or CIty Clerk, except
in the follow1ng C1rcumstances.
(1) No communication WhICh
contains materIal which'
(a) Is profane;
(b) Is in the nature of
a crlffilnal or c1vil slander, or is potentially slanderous
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or 1 i bel 0 us ;
(c) Advocates or opposes
the candidacy of any person or party for any electlve office;
Cd) Is prlmarily in
advertisement or promotlon or has as a substantial Durnose the
. .
advancement of any cause the major benefit of which is private
and not public;
(e) Does not necessitate
Council action, shall be placed upon any Clty Council Agenda.
Cd) Availability to the Public.
Correspondence addressed to lndividual Counci Imembers shall not
be opened by the City CounciJ. Secr~tary unless authorlzed to
do so bv indlvidual Counc1lmembers. Such communications
(
shall not become publlC records until received and flIed by
the Council at a regular, speclal or adjourned meeting of the
Councll, or retained or used as provided in Section 6250 of
the Californla Government Code. Correspondence received in
the City Clerk's Offlce or other City Offices after twelve
o'clock noon two Mondays prior to the Council Heeting shall
not be placed on the Agenda unless it concerns a matter to
be considered by the Councll at the next regular meetlng or
1S determined by the City Manager to be an urgent matter
Wh1Ch should be brought to the 1mmediate attention of the
Council. Correspondence shall not be read aloud at a Council
Meeting unless requested by a majority vote of the Counci l.
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~o ltem WhlCh is exempted by disclosure by Section 6254 of
the Callfornia Government Code shall be disclosed or treated
as a public re cord.
Section S. Order of Business. The
bus ines s of the Clty Council shall be taken on for conslderation
and disposltion ln the following order:
l. Call to Order.
(a) Salute to the Flag.
(b) Invocation.
2. Roll Call.
3. Deleted.
4. Speclal Age~~a Items such as
commendation, award of service plns, introduction of specla1
guests.
5. Continued Items of a Previous
Courrcll Meeting not considered at such meeting.
6. Consent Calendar. The consent
calendar shall conslst of those items determined by the Clty
~1anager and the City Clerk to be of a non-controversial nature
and WhlCh under the Courrcll Rules do not generally requlre a
publ ic hearing. Unless a Councilmember or a meNber of the
general pubI1C wishes to be heard on these ltems, they may
be considered as a group by a slngle motion to approve the
consent calendar, and the title to the indlvidual consent
ltems need not be read unless a request to do so is made
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, )y a member of the Cl ty Councll. Public discussion lS permitted
only if a specific request to be heard IS made. A two th i rds
(2/3) majorlty vote of Councll~embers present lS required.
...., Public Hearings, the time for
j .
WhlCh has been set previously or set by 1mv' . PublIC dlScusslon
perml tted.
8. OrdInances.
(a) Introduction and First
Reading. Public discusslon permitted.
(b) Second reading and adoptIon.
~o publlC dIscussion permitted.
g. Resolutions: Publlc dIscussion
pe rml t te d.
10. Reports of CommissIons. :\0 publlc
dlScusslon permitted unless consent lS given by a two-thIrds (2/3)
vote of the Councilmembers present.
II. AdmInistrative Items. (Public
dISCUSSIon is permltted only lf a specific request to be heard
IS made) .
12. Wrltten Communications other than
reports of officers and commissions. The Clerk shall list sald
communications In order of receipt. Publlc discusslon only by
person presenting the communIcatIon unless consent IS gl ven
by two-thIrds (2/3) vote of the Councilmembers present.
13. )'Iavor and Council Items. The
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Clerk shall list said Items in order of receipt. No publIC
dlscussion unless consent IS glven by two-thirds (2/3) vote
of the Councllmembers present.
The order of business shall not be changed
except by majorlty vote of the Council.
Section 6. Preparation of MInutes. The
City Clerk shall have excluslve responsibility for preparation
of the Hinutes, and any directions for changes ln the }.1inutes
shall be made only by majority action of the Cl ty Council.
Section 7. Reading of ~inutes. Unless
the reading of the Mlnutes of a CouncIl Neeting is o rdered by
a maJorIty vote of the Council, such !>.hnutes may be app rove d
without reading If the City Clerk has previously furnished
each Councilmember with a copy.
Section 8. PreSIding Officer.
The Mayor shall be the Presiding Officer at all meetings
of th e Ci tv Council. In the abs ence of the Hayor, the Nayor
..
Pro Tempore shall preSIde. In the absence of both the Mayor
and Mayor Pro Tempore, the CIty Clerk shall call the Councll
to order where upon 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.
Section 9. Powe rs and Duties of
PreSIdIng OffIcer.
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(a) Particlpation. The Mayor or
Mayor Pro Tempore or such other member preslding may move,
second and debate froPl the chalr, subj ect only to such
limitatIons of debate as are Imposed upon the members o f the
CouncIl by these rules and shall not be deprlved of any of
the rights or prlvlleges of a Councllmember by reason of
hlS acting as the preslding Officer.
(b) Duties. The Presiding OffIcer
shall preserve order at all regular, adjourned regular, and
special meetlngs of the CouncIl. Such offlcer shall state
each question comlng before the Councll, announce the
decislons of the Council on all subJects, and declde all
questlons of 0 r de r ; subject, however, to an appeal by the
CouncIl, and a majority vote of the Councll on any question
of order shall govern and determine conclusively such
question of order.
(c) Signing of Docum~nts. Tne
Pres1ding Officer shall sign all Ordinances, Resolutions,
and other documents necessitating h1S signature which were
adopted in h1S presence, unless he 1S unavailable, in whi ch
case the signature of an alternate Presiding Officer may be
used. The City Manager shall execute all contracts on behalf
of the Clty unless othennse ordere d by the City Council. No
contract shall be of any force or effect unles s authori ze d by
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the Clty Council and approved prlor thereto by the City
Attorney as to the form and legallty.
Section 10. Sworn Testimonv. The Preslding
~
Officer may requIre any person addressIng the City CouncIl to
be sworn as a wItness and to testlfy under oath, and the
PresidIng OffIcer shall so require if dIrected to do so by a
majority vote of the (ounei 1. Any member of the (ouncll may
request that anyone appearing before the Council on any matter
shall be sworn. On receipt of such a request, all proceedIngs
shall be suspended and the Council will, without debate,
lmmediately vote on whether the indivldual should be sworn.
A majority vote of the members 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 comue 1 the attendance of \\'ltnesses, to examIne
~
them under oath, and to compel the productIon of evidence
be fore it. Subpoenas :nay be issued in the name of the City
and be attested by the Cl ty Clerk. Disobedience of such
subpoenas, or the refusal to t est i fy (upon other than
constitutional grounds) shall constitute a misdemeanor.
Section 11. Rules of Debate.
(a) Getting the Floor. Every
Councilmember desirlng to speak shall first address the
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Chal r ~ gaIn recognitlon by the Presiding Officer~ and shall
confIne himself to the questlon under debate, avoiding
pe rs onali ties and decorous language.
(b) Que,s,tlons to Staff. Every
Councllmember desirlng to question the City Staff shall,
after recognItion by the Preslding Off1cer, address his
questlons to the City ~anager, or the City Attornev who shall
- ,
be entitled eIther to answer the inquiry hImself or to
deslgnate a member of hIS staff for that purpose.
(c) Interruptions. A Councllmember,
once recognized, shall not be interrupted when speaking
unless called to order by the Presiding Officer, unless a
pOInt of order or a personal prlvllege IS raised by another
Councilmember, or unless the speaker chooses to yield to a
questIon by another Councilmember. If a Councllme~ber, while
speak1ng~ 1S called to order ~ he shall cease speaking until
the question of order is determined and, If determined to be
in 0 r de r , he may proceed. lvlambers of the City staff after
recognitlon by the Presldlng OffIcer shall hold t~e floor until
completIon of the1r remarks or until recognition is withdrawn
by the Presiding Off1cer.
Cd) POInts of Order. The Pres i dlng
Officer shall determine all points of order subject to the
rIght of any Councilmember to appeal to the Courrell. If an
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appeal IS taken, the questlon shall be' "Shall the declsion of
the Presi ding Officer be s us talned'''' A maJorIty vote shall
conClUSIvely determine such question of order.
( e) POInt of Personal Privilege.
The right of a Councllmember to address the Council on a
question of personal privllege shall be lImIted to cases
in Khich hIS integrity, character or motives are questIoned
or where the welfare of the CouncIl is concerned. A Councll-
member raIsing a point of personal privilege may interrupt
another Councilmember who has the floor only if the Presl dIng
Officer recognizes the privilege.
(f) PrIvilege of ClOSIng Debate.
The Councllmember moving the introductlon or adoption of an
Ordinance, ResolutIon or :Iotlon, shall have the privilege
of closing debate, after other members of th e Counell have
been gIven an opportunity to speak.
(g) Motlon to Reconsider. A
motion to reconsider any actIon taken by the City Counci I may
be made only by one of the prevailing SIde and may be seconded
by any member. Such motIon by a prevaIling member may be
made at any time and shall have precedence over all other
motions or while a member has the floor and saId motion shall
be debatable. A motion by a non-prevailing City Councilmember
or a request by a member of the public for reconsideration
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may be made only if one year has passed since the actlon was
taken.
(h) Call~ng for the Question. Nelther
the moving party nor the party seconding any motion is allowed
to call the questlon.
(1) Limitation of Debate. ~o
Councilmember shall be allowed to apeak more than once upon
any partlcular subject until every other CouncilmembeT deslring
to do so shall have spoken. Each Councllmember s~eaklng on
anyone item on the Agenda shall be limited to ten (10) minutes
per ltem to state his oplnion and his vie\1s.
Section 12. Remarks of Councilmembers
and Synopsls of Debate. A Councilmemebr may request through
the Presiding Officer under the privilege of having an
abstract of hlS statement on any subject under consideratlon
by the Courrcll entered in the minutes. I f the COUDCll
consents thereto, such statement shall be entered ln the
minutes.
Sectlon 13. Protests Agains! Council
Action. Any Councilmember shall have the rIght to have the
reasons for hlS dissent from, or his protest agaInst, any
action of the Council entered in the minutes. Such dlssent
or protest to be entered in the mlnutes shall be made in
the followlng manner: "I would llke the mlnutes to shmoi that
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I am opposed to this action for the following reasons Tl
. . . .
Sectlon 14. Rules of Order. Except as
otherwise provided in the Sect1on, the C1ty Charter, other
rules adopted by the City Council, or app11cable provisions
of State Law, the procedures of this Councll shall be governed
by the latest revised edition of Roberts Rules of Order.
These Council rules, or anyone thereof,
may be suspended by a vote of two-thirds (2/3) of th e
Councllmembers present.
Section 15. Failure to Observe Rules
of Order. Rules adopted to expedite the transactlon of the
buslness of the Council in an orderly fashlon are deemed to
be procedural on ly and the failure to strictly observe suc~
rules shall not affect the jurisdlction of the Councilor
inval1date any action taken at a meetlng that is otherWlse
held in conformIty with law.
Section 16. A,ddr.e ss ing the Council.
-
(a) :Registratlon. Each person
ldshing to address the Council re garding items on the Agenda
where public discusslon 1S permitted, shall register first
l'il t h the C1ty Clerk his name and address prior to any
d1Scusslon of that lte~, and preferably shall register prior
to the start of the Council }1eeting.
(b) Manner of Addressing the
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Counc1l. Each person desirlng to address the Council shall
step up to the m1crophone in front of the rail, state hlS
name and home address for the record, state the subject he
lvishes to discuss, state ",horn he is representing if he
rep res ents an organization or other persons, and, unless
further t1me is granted by ma]Orlty vote of the Council,
shall limit his remarks to fIve (5) minutes per item. All
remarks shall be addressed to the Council as a lV'hole and
not to any member thereof. ~o questions shall be asked of
a Councllmember or a member of the City staff without the
permission of the Presldlng Offlcer.
(c) DiscretIon to LiNit Duration
and ~umber of Speakers. Where more than one person desires
to speak on a particular ltem, 1t shall be wlthin the dl s c re t ion
of the PresIding Officer to limIt the number and duratIon of
presentations to not less than ten (10 ) mInutes for each side
glving equal time for each position or side. It 1S recommende d
that a spokesperson for each s ide be chosen prior to the
meet1ng and the Clerk shall advise persons of this recommendatlon.
If a spokesperson has not been selected prior to the meetlng,
the ltem may be called and the Presiding OffIcer may eIther
pass the ltem or grant a recess to permit the selection of a
spokesperson. The Presiding Officer may also determine \'<'"hlch
persons have a predomlna te or proprletary Interest in an item
and permit such person or persons to speak first. ~othlng in
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this se ct ion shall be deemed to preclude the PresIding OffIcer
or majorIty of Councilmembers present fr~m alloWIng extended
debate on any matter.
,
Cd) Pe rs ons Speaking on More Than
One Item. Anyone person WIshing to speak on more than one
item shall limIt his remarks to five (5) minutes on the Item
he considers most Important and three (3 ) minutes on any
other item unless further time is granted by a majorIty vote
of the CouncJ..l.
(e) After r.Iotion. After a motion
has been made or a public hearIng has been closed, no member
of the publIC shall address the Council from the audience on
the matter under conslderation without fJ..rst securing permiSSIon
to do so by a majority vote of the Clty Council.
Section 17. Rules of Decorum.
(a) Councllmembers. h~en the CouncIl
lS In seSSIon, the members must preserve order and decorum,
and a member shall neither bv conversatIon or otherWlse delay
" ,
or interrupt the proceedings or the peace of the Council nor
dIsturb any member while speaking or refuse to obey the orders
of the PreSIdIng Officer. ~.IE'mbers of the CounCIl 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 yules of order
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and de co rum as are applicable to the City Council, wlth the
exceptIon that members of the City staff who are not seated at
the Councll table may leave their seats during a meetIng
wi thout flrst obtaining the permission of the Presiding Officer.
(c) Persons Addr~ssing the Councll.
(1 ) ~o person other than a
member of the COUDCll and the person having the floor shall be
permItted to enter into dlSclisslons, either dlrectly or through
a member of the Council, wlthout permission of the Presiding
Officer.
(2) No questIons shall be asked
a Councilrnember 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 impertlnent,
slanderous or profane remarks, or who becomes boisterous while
addresslng the Council shall be called to order by the Presiding
Offlcer and, if such conduct continues, may at the discretion
of the Presiding Officer be barred from further audience before
the Council during that meeting.
( d) :.lembers of the AudIence.
(1) Any person in the audlence
or at the Council table who engages ln disorderly conduct such
as hand clapping, stamplng of feet, whistllng, using profane
language, yelling, and slffiIlar demonstrations, or who dis turbs
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the peace and good order of the meeting, or \\iho re fuses to
comply \\fIth the lawful orders of the PresIding Officer shall be
gUIlty of a mlsdemeanor and upon instructIons from the Presiding
Officer, wIth the consent of the majorIty, through the CIty
~tanage r , it shall be the duty of the Sergeant at Arms to remove
any such person from the CouncIl Chambers and to place him
under arres t.
(2) No person shall be permitted
to interrupt the individual members or the Clerk when the
Council lS ln session.
(3) Except wIth prior authorizatIon
of the PresidIng Officer, no placards, SIgns or posters, or
packages, bundles, suitcases or other large objects shall be
brought into the Councll Chambers.
C 4) Unless addressing the Council
or entering or leaving the Council Chambers, all persons In the
audience shall remaIn sitting in the seats prOVIded. No person
shall stand or sit in the alsles or along the walls nor
shall the doorways be blocked.
(5 ) Except wIth prIor
authorization of the PresidIng Officer, the distrlbutlon of
llterature, of whatever nature or kind, is prohibited.
(e) Persons Authorized to be Within
Rail. ~o person except members o f the Counell and City Staff
-
and recognized representatives of the news media shall be
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permitted withln the rail without the consent of the Presldlng
Office r.
(f) Enforcement of Decorum. The
Chie f of Pollce or such member or ~embers of the Police Depart -
ment as he may deslgnate, shall be Sergeant at Arms of the
Clty Councl1 and shall carry out all orders given by the
Presidlng Officer through the Clty Manager for the purpose
of maintaining order and decorum at the Council meetings. Any
Councllmember may move to require the Preslding Officer to
enforce the rules and the afflrmative vote of a majority of
the Council shall require him to do so.
Section 18. Votlng Procedure. Any vote
of the Council, lncl uding a roll call vote> may be registered
by the members by answerlng "AYE" for an affirmatlve vote or
"NO" for a negative vote upon h15 name being called by the
Clty Clerk. Unless a member of the Council states that he is
not voting, silence shall be recorded as an afflrmative vote.
Section 19. Disqualification for Confllct
of Interes t. Any Councllmember who is dlsqualified from voting
on a partlcular matter by reason of conflict of lnterest
shall publicly state or have the Presidlng Officer state the
nature of such disqualiflcation ln an open meeting. Where no
thoroughly disqualifying conflict of interest appears, the
matter of disqualificatlon may, at the request of the Councilmember
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affected, be decided by the other Councilmembers. A Councll-
member 1"ho is disqualified by reason of a conflict of interest
in any matter shall not remaln ln his seat durlng the debate
and vote on such matter, but shall request and be given the
permlssion of the Presiding Offlcer to ste~ d01'in from the
Counell table and leave the Counc i 1 Chamber. A Councilmember
statlng such disquallfication 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.
Sectlon 20. Failure to Vote. Every
Counc1lmember is entitled to vote unless disqual1fied by
reason of a conflict of interest. A Councllmember who
abstains from voting and in effect consents that a majority
of the quorum may de C 1 de the question voted upon.
Section 21. 11e Vote. Tie votes shall be
lost motions and may be reconsidered.
Sectlon 22. Changing Vote. A member may
change his vote only if he makes a t1mely request to do so
lmmediately fol101-nng the announcement of the vote by the
City Clerk and prior to the tlme that the next ltem 1n the order
o f bus iness 1S taken up.
Section 23. Procedure on Agenda Items
Requir1ng a ~otlon:
l. City Clerk reads the title.
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2. Explanatlon by Clty Manager~
if called for by the Presiding Officer.
3. Questions to City :.Ianager by
Councilmembers. .
4. All Background material complete
at this point.
S . Public to be heard subject to
the limitations set forth hereIn.
6. Close of public discussion.
..., Presiding Officer to ask for a
i .
motion and second.
8. MotIon discussion by the Council.
9. The maker of the motion to have
a chance for further discussIon.
10. Presldlng Officer to restate
the motlon.
II. Vote on the motion.
Sectlon 24. O!ftinances, ~esolutions, 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
Ci ty Cha rter. All Ordinances shall be prepared by the
CIty Attorney.
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(b) Ordlnances shall be prepared
accordlng to three prioTlties. When requesting the preparation
of Ordinances, the C1 ty Co unci 1 shall 1nstruct the City Attorney
as to whether the request 1S "urgent. Il The C1ty Attorney shall
class1fy all other requests for Ordinances as "normal" or
!1extended. "
(c) Ordinances des1gnated as .turgent'l
shall be returned to the C1 ty Council at the next subsequent
Councll Meeting. Li ke\-iis e , Ord1nances for Second Read1ng shall
be returned to the Clty Council at the next subsequent meetlng.
Ordinances designated as "normal It or 'textende d" shall be returned
according to the schedule of due dates prepared by the City
Attorney.
Specific due dates for each Ord1nance,
other than those des1gnated "urgent, Il shall be determined by the
C1ty Attorney and due dates for all Ordinances shall be communi -
cated to the City (ourrell 1n the next subsequent Agenda package.
Insofar as pract1cable, the Ci ty Attorney shall endeavor to
return Ord1nancesto the City Council which have been des1gnated
as "normaltl within four weeks of the request therefor.
Ordinances designated as "no rmal Il
shall be processed ln the following manner.
(1 ) The City Attorney shall
schedule due dates for such requests on the day follo\Hng the
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Council }leeting at which the request is made.
(2) Bv 12'00 o'clock noon, one
,
calendar week and two days following said meetlng (the second
Thursday f 011 O\i i n g) the Clty Attorney shall submlt drafts of
requested Ordlnances to the City Manager for review,
(3) By 12:00 o'clock noon, one
calendar week and six days following said meetlng (the second
)>fonday follOlVlng), and following hlS reVlew, the Clty ~anager
shall return sald drafts to the Clty Attorney.
(4 ) By 10: 00 a, m, , two ...reeks
and tHO days following sald meeting (the thlrd Thursday follow-
lng) the City Attorney shall s ubmi t flnal documents of reques ted
Ordinances to the City Manager, to be lncluded in the Agenda
package for the next subsequent Counell Meetlng for {lrst
re adlng .
Cd) Resolutlons shall be prepared,
when requested by the City Council in the same manner as
Ordinances in the lInormal cycle" .
(e) Ordinances and Resolutions may
be voted on ln a group, rather than separately, unless a
Councl1member expresses a de sire to debate a partlcular
Ordlnance or Resolution, where there lS a division of votes
"proll or "conll or where a speclfic number of votes is requlred
by 1 a,... , in which cases, the particular Ordinance or Resolutlon
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shall be considered separately.
(f) A Resolutlon, unless lai d over
by a majority vote of the Councll, shall be acted upon on the
day of presentation.
(g) Matters coming before the Clty
Council in the form of recommendations WhlCh require the
preparation of an ordinance and subsequent first and second
readlngs shall be open to publlC dlScussion, except at the
time of second readlng.
(h) The Presid1ng Officer, before
calling for a motion on the adoption of any Resolut1on shall
first lnqulre If there is anyone who desired to be heard on
said proposed Resolution. All persons desiring to be heard
must have registered wlth the City Clerk, prior to the discussion
of the Resolution, their name and home address and the Resolution
item they wish to speak on and the Presiding Officer wlll call
upon speakers from that llSt. Public hearlngs held at the tlIDe
of first reading and introduction of Ordinances shall be
conducted, insofar as applicable, in the same manner.
ei) At the time of adoptlon of an
Ordinance or a Resolution, 1t shall be read in full unless
after the reading of the tltle thereof, the further readlng
thereof is waived by a unanlmous vote of the Councilmembers
present.
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(j) Resolutions may be adopted by
the City CouncIl by title only, and the Council Play 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 CounCll after
the date of thelr adoptIon.
(k) 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 City CounCIl for further
approval or authorlzatlon for the City ~anager to execute the
same, so long as the amounts represented by such contracts are
the same as those amounts approved and budgeted.
SectIon 25. Prior Approva.l by AdministratIve
Staff. All ordlnances, resolutions, and contract documents
shall, before presentatlon to the City Council, have been
approved as to form and legality by the City Attorney, and
shall have been examined fOT administratlon by t~e Cl ty Manage r
or hIS authorIzed representative. No request for the preparation
of an ordInance or other item by the Clty Council shall be
placed on the Agenda before the final, reviewed document has
been receIved by the City Manager.
SectIon 26. Inf~rmal Meetings. The City
CouncIl, subject to notice and other requirements imposed by
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law, may hold Informal meetings ln the CounC11 Chamber of the
City Hall at such times as may be designated In an order for a
special meeting. At any such informal meetlng, the Council
shall not take any formal or blnding action upon any formal
motion, resolutlon, ordinance, nor any other actlon required
by lal.. to be taken by the Council. Such Informal sessions
shall be devoted excluslvely to the presentation and exchange
of information.
Sectlon 27. Join~ Meetings With Boards
and Commissions. The CIty Counci 1, during the year, shall
meet \'1/1 th the individual boards and corrunisslons at least once;
when feaslble with the agenda of the Ci ty Council, said
mee tings to be calendared as study sessions, to be held In
the Counei 1 Chamber at such time as is convenient to the
members.
Se ctlon 28. Communications by Boards and
Commiss ions. No City Board or Commisslon shall transmit an
o fflCl al resolution or any other correspondence of sald Board
or CommIssion on any matter of Clty policy to any non-CIty
Agency, Board or Commission wlthout a vote of such Board or
COmJ11iSS10n to do so; nor without the prior approval of the
CIty Council that such communIcation be 50 tran51'1itted.
SectIon 29. Presence of CIty Staff at Council
i-Ieetings. The City Manager, Clty Clerk, and Clty Attorney
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or, In theIr absence, their authorized representatIve shall
attend and be present during all formal or informal CouncIl
Meetings and give necessary service and advice. However, any
of the above is permItted to leave the Councll Chambers after
seeking and obtaining permlsslon from the Preslding Officer
and be absent therefrom for a perlod of time not to exceed ten
(10) minutes without sald absence causing a halt ln the Council
proceedings.
Section 30. Adjournment. All Councll \feetings
shall adj ourn at eleven o'clock p.m., unless th"O - thi rds (2/3)
of the Councilmembers vote otherwlse.
Section 3l. Recprd of IvI~et.ings. 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 televlslon equipment is permi tted so long as it is not
disruptlve of the meeting.
Section 32. In~~rpretation a~d Modlficatlon
of these Rules. These rules shall be interureted llberallv ln
" .
order to provide for the optimuM in the free interchange of
information and publlC debate y,i thout an unnecessary waste
of time or duplicatlon of effort. These rules may be amended
by resolutIon.
SECTION 2. Resolution :\0. 4848(CCS) and Resolutlon
~o. 4909(CC5) and each of them, and any other resolutlon adoptlng,
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