SR 06-08-2021 3H
City Council Report
City Council Meeting: June 8, 2021
Agenda Item: 3.H
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To: Mayor and City Council
From: Denise Anderson-Warren, City Clerk, Records and Election Services
Department
Subject: Adopt Resolutions Revising Policies for Boards, Commissions and Task
Forces and Bylaws for Boards, Commissions and Task Forces
Recommended Action
Staff recommends that the City Council:
1. Adopt a resolution approving the procedural changes recommended by the City
Clerk and approved by the Council at its April 27, 2021 meeting, together with a
standard template for bylaws/rules of procedure, and directing all boards,
commissions, and task forces to implement these changes and adopt
bylaws/rules of procedure in accordance with the template by no later than
January 1, 2022; and
2. Adopt a resolution amending the City Council’s prior Resolution No. 11220
governing boards, commissions, committees, and task forces to accord with the
approved recommendations.
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Discussion
At the April 27, 2021 Council meeting, City Council approved certain recommendations
of the City Clerk for policy and procedural changes and updates to the boards and
commissions program as well as a bylaws template to be implemented by all boards
and commissions by January 1, 2022 (Exhibits A & B). City Council directed staff to
return with resolutions and ordinances implementing these changes. Staff now
recommends that Council adopt two resolutions: one approving the procedural changes
recommended by the City Clerk and approved by the Council, together with a standard
template for bylaws/rules of procedure, and directing all boards, commissions, and task
forces to implement these changes and adopt bylaws/rules of procedure in accordance
with the template by no later than January 1, 2022; the second amending the Council’s
prior Resolution No. 11220 governing boards, commissions, committees, and task
forces to accord with the approved recommendations.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Denise Anderson-Warren, City Clerk
Approved
Forwarded to Council
Attachments:
A. Boards and Commission Resolution
B. Resolution-Approve and Implement B&C Recommendations
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City Council Meeting: June 8, 2021 Santa Monica, California
RESOLUTION NUMBER ______ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING POLICIES FOR CITY BOARDS, COMMISSIONS, COMMITTEES,
TASK FORCES, AND REGIONAL ADVISORY BOARDS, AND REPEALING
RESOLUTION NUMBER 11220 (CCS)
WHEREAS, maximizing public participation in government effectuates
fundamental principles of democracy; and
WHEREAS, the residents of Santa Monica have a strong commitment to
participating in their local government; and
WHEREAS, the City of Santa Monica (“City”) has established numerous boards,
commissions, committees, and task forces to facilitate public participation in government
and thereby ensure representation of diverse viewpoints and interest; and
WHEREAS, setting term limits and establishing policies for boards, commissions,
committees, and task forces ensures that opportunities for participation will be maximized
and that boards, commissions, task forces and committees will function productively; and
WHEREAS, the City Council (“Council”) desires to establish term limits and other
policies in relation to participation in City boards, commissions, committees, and task
forces and the conduct of board, commission, committee, and task force committee
meetings; and
WHEREAS, the Council intends such policies to both maximize opportunities for
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Packet Pg. 197 Attachment: Boards and Commission Resolution (4588 : Resolutions Updating Boards and Commission Procedures & Bylaws Template)
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participation in City government and provide the flexibility to ensure that boards,
commissions, committees, and task forces have the expertise and qualifications
necessary to discharge their duties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. Appointments to City Boards, Commissions, Committees, and Task
Forces.
Except as otherwise provided by motion of the City Council, the procedure for
making appointments to City boards, commissions, committees, and task forces shall be
as follows:
A. When a vacancy occurs, as a result of the expiration of the term of an
appointment, on any City board, commission, committee, or task force, the City Clerk shall
publish a notice of the vacancy at least once in The Santa Monica Daily Press, or a
newspaper of general circulation, and post the notice of the vacancy on the City’s website.
The City Clerk shall publish the notice of vacancy and post it on the City’s website no less
than thirty (30) days before the vacancy occurs. The notice shall request that any
interested party submit an application to the City Clerk. The notice shall also specify the
position for which a vacancy has occurred, the term of office for the position to be filled,
and a reasonable day by which interested parties must submit applications for the
position. The deadline for submission of applications shall not be less than fifteen (15)
days prior to the end of the term. Where the appointment is for the purpose of filling an
unscheduled vacancy, a special vacancy notice shall be posted at City Hall and Main
Library not earlier than 20 days before or not later than 20 days after the vacancy occurs.
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Final appointment shall not be made for at least 10 working days after the posting of the
notice.
B. Applications for board, commission, committee, and task force positions
shall be made on the City’s website or in writing to the City Clerk on forms supplied by
the City Clerk. Applications submitted after the deadline shall not be considered. The
applications shall be public records except for the portion of the application which is
specifically described as confidential.
C. The City Clerk shall collect all written applications which are received by the
deadline date and shall thereafter cause the matter of filing the board, commission,
committee, or task force vacancy to be placed upon the City Council agenda. The City
Clerk shall transmit to the City Council the information contained on all written applications
which have been received prior to the deadline date.
D. Boards, commissions, committees, or task forces shall not take any official
action to recommend any specific appointees to the City Council, although individual
members may make recommendations as individuals.
E. Following consideration of the applications received for each board,
commission, committee, or task force vacancy, the City Council shall make appointments
in open session at a City Council meeting to fill the vacancy.
F. In compliance with California Government Code Section 54972 et seq. (the
Maddy Act), the City Clerk shall prepare, make available to the public, and provide to the
Main Library a Local Appointments List in May of each year. The Local Appointments List
shall consist of the following:
1) a list of all current City boards, commissions, committees, and task forces;
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2) a current list of all vacancies on all City boards, commissions, committees,
and task forces;
3) the terms of all current individuals serving on City boards, commissions,
committees, and task forces; and,
4) the qualifications for serving on all City boards, commissions, committees, and
task forces.
The City Clerk shall maintain a current Local Appointments List on the City’s website.
SECTION 2. Term Limits for Boards, Commissions, Committees, and Task Forces
The following definitions and policies shall apply to City boards, commissions,
committees, and task forces, including the boards of the non-profit agencies, Santa
Monica Pier Corporation, Downtown Santa Monica, Inc., and Santa Monica Travel and
Tourism.
A. The length of term for each City-appointed board, commission, committee,
and task force is set forth in the Municipal Code, the City Charter, or the by-laws of the
board, commission, committee, or task force.
B. A full term is defined as serving three-fourths or more of a term, whether it
is an appointment to an annual vacancy or to an unscheduled vacancy.
C. A partial term is defined as serving less than three-fourths of a term, whether
it is an appointment to an annual vacancy or to an unscheduled vacancy.
D. Term Limits for Boards, Commissions, Committees, and Task Forces
1. All members of boards, commissions, committees, and task forces,
except tenant members of the Housing Commission, and members of the Clean
Beaches & Ocean Parcel Tax Citizens Oversight Committee, Santa Monica Pier
Corporation, Santa Monica Travel and Tourism, Downtown Santa Monica, Inc., and task
forces are limited to serving two consecutive terms. However, a third consecutive term
may be served if the member makes a written request to serve a third term, or a
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Packet Pg. 200 Attachment: Boards and Commission Resolution (4588 : Resolutions Updating Boards and Commission Procedures & Bylaws Template)
Councilmember nominates a member to a third term, and the City Council approves the
third term by a two-thirds vote. Tenant members of the Housing Commission are limited
to serving four consecutive, two-year terms, except that a fifth or sixth, two-year
consecutive term may be served if the member makes a written request or a
Councilmember nominates the member, and the City Council approves the fifth or sixth
term by a two-thirds vote. Members of the Clean Beaches & Ocean Parcel Committee
and task forces may serve for an indefinite number of two-year terms. Term limits for
directors on the Santa Monica Pier Corporation, Santa Monica Travel and Tourism, and
Downtown Santa Monica, Inc., are determined by the boards’ by-laws.
2. The total number of members that may serve a third consecutive
term on a board, commission, or committee at the same time is limited to no more than
one-third of the membership of that board, commission, or committee but the Council
may, by two-thirds vote, make an exception in order to fill positions on boards,
commissions, and committees that have specific qualifications, such as professional
standing or expertise.
3. After serving the maximum number of consecutive terms allowed, a
member may not serve again on the same board, commission, or committee until four
years after the member’s final term has expired.
4. Members must wait at least one year after terming out of serving on
a board, commission, or committee before serving on a different board, commission or
committee.
E. Term Limits for Regional Advisory Boards.
1. Members of the Los Angeles County West Vector Control District
shall serve an initial two-year term and may serve additional terms of two or four years
each at the discretion of the City Council.
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Packet Pg. 201 Attachment: Boards and Commission Resolution (4588 : Resolutions Updating Boards and Commission Procedures & Bylaws Template)
2. Members of the Los Angeles County Metropolitan Water District may
serve for an indefinite number of four-year terms.
SECTION 3. Membership on One Board, Commission, Committee, or Task Force.
No person shall serve simultaneously on more than one board, commission,
committee, or task force, including the Santa Monica Pier Corporation, Downtown Santa
Monica, Inc., Santa Monica Travel and Tourism, and the regional advisory boards.
SECTION 4. Reimbursement of Expenses.
Members of boards, commissions, committees, and task forces shall be reimbursed
for expenses in the amount of up to $25.00 per meeting, not to exceed the amount of
$50.00 per month pursuant to the forms and administrative procedures established by the
City.
SECTION 5. Use of City Funds.
Allocated funds are restricted to the following: Participation or sponsorship fees for
local events; dues/memberships to other organizations that align with board, commission,
committee, or task force goals; conferences/trainings that align with board, commission,
committee, or task force goals; costs related to board, commission, committee, and task
force materials, including printing of materials, postage, giveaways for events, supplies
for City-sponsored events, food for City retreats, and accommodation services such as
signing and closed captioning.
SECTION 6. Biennial Review of Agendas and Minutes and Five-Year
Comprehensive Review.
The City Clerk is hereby directed to conduct biennial reviews of board, commission,
committee, and task force agendas and minutes, including the agendas and minutes of
the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., and Santa Monica
Travel and Tourism, and to act, as needed, to ensure that they comply with legal
requirements, including the Ralph M. Brown Act, and maintain uniform content and format
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Packet Pg. 202 Attachment: Boards and Commission Resolution (4588 : Resolutions Updating Boards and Commission Procedures & Bylaws Template)
with the City Council’s agendas and minutes. The City Clerk is also hereby directed to
conduct a comprehensive review of all advisory bodies every five years, except that no
such review shall occur in an election year.
SECTION 7. Annual Dinner.
The City Clerk is directed to organize and hold an Annual Dinner which shall serve
as the annual report to Council by the City-appointed boards, commissions, committees
and task forces, and the appointees to the regional advisory boards.
SECTION 8. Written Communications.
No City-appointed board, commission, committee, or task force shall send any
official resolution or other correspondence of the board, commission, committee, or task
force on any matter of City policy to any non-City agency, board, commission, committee,
or task force unless the board, commission, committee, or task force votes to do so and
obtains prior approval of the City Council.
All City-appointed board, commission, committee, and task force members are
issued City emails addresses, which must be utilized for all City business.
SECTION 9. Conduct of Meetings and Drafting of Agendas and Minutes.
The Rules of Order and the Procedures for the Conduct of the City Council
meetings (Resolution No. 11172 (CCS)), as may be amended from time to time, shall
serve as a general guideline for the conduct of meetings of the City-appointed boards,
commissions, committees, and task forces which have not adopted their own rules or
bylaws. All City-appointed boards, commissions, committees, and task forces shall adopt
their own rules or bylaws in accordance with the template prescribed by the City Clerk.
All boards, commissions, committees, and task forces shall use the agenda and minutes
templates prescribed by the City Clerk.
SECTION 10. Attendance at Meetings.
The following attendance policies apply to all members of City boards,
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Packet Pg. 203 Attachment: Boards and Commission Resolution (4588 : Resolutions Updating Boards and Commission Procedures & Bylaws Template)
commissions, committees, and task forces, including the Santa Monica Pier Corporation,
Downtown Santa Monica, Inc., Santa Monica Travel and Tourism, and the regional
advisory boards.
A. An absence is defined as a failure to attend at least two-thirds of a regular or
special meeting.
B. An absence is considered excused when a member communicates the
member’s absence to the Chair or staff liaison prior to the start of a regular
or special meeting.
C. An absence is considered unexcused when a member does not
communicate that member’s absence to the Chair or staff liaison prior to the start of a
regular or special meeting, or, in the event of an emergency, as soon as practicable after
the emergency but in no event later than two calendar days after the start time of the
meeting. .
D. In special circumstances, prolonged absences may be excused upon
approval of the board, commission, committee, or task force, which shall then be reported
by the City staff liaison to the City Clerk.
E. Except for the regional advisory board appointments, City staff liaison to all
boards, commissions, committees, and task forces shall report all absences to the City
Clerk.
F. The City Clerk shall provide the City Council with a summary of attendance
for all board, commission, committee, and task force members, in June and December of
each year.
G. For boards, commissions, committees, or task forces that meet monthly,
upon the accumulation of two unexcused absences from regular meetings occurring over
the course of six consecutive regular meetings, a member of a board, commission,
committee, or task force automatically vacates membership on the board, commission,
committee, or task force.
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Packet Pg. 204 Attachment: Boards and Commission Resolution (4588 : Resolutions Updating Boards and Commission Procedures & Bylaws Template)
H. Additionally, the Chair shall warn any member who has more than two
excused absences from any six consecutive meetings. If another two meetings are
missed, whether as the result of excused or unexcused absences, the Staff Liaison shall
inform the City Clerk, who will then inform the City Council.
SECTION 11. All boards, commissions, committees, and task forces must produce
an annual workplan setting priorities for the upcoming year. Each workplan shall align
with that board, commission, committee, or task force’s corresponding City department’s
goals and objectives. In addition, all boards, commissions, committees, and task forces
shall produce an annual one-page evaluation of their work over the preceding year.
SECTION 12. Attendance at Ethics Training - Government Code Section 53235
(AB 1234).
Government Code Section 53235 (AB 1234) mandates two hours of ethics training
for local officials every two years. The City Clerk shall provide the City Council with a
summary of attendance by City Council-appointed board, commission, committee, and
task force members, including members of the Santa Monica Pier Corporation, Downtown
Santa Monica, Inc., Santa Monica Travel and Tourism, and the regional advisory boards,
after the biennial training and before making annual appointments. All newly appointed
members are required to take the mandated ethics training as soon as practicable, but no later
than within 30 days of being appointed.
SECTION 13. Other Trainings
The City Clerk in conjunction with the City Attorney shall develop and implement
onboarding training for new members and annual training for members, chairs, and vice-
chairs of boards, commissions, and task forces, and shall provide City staff liaisons with
training guidelines. All members are required to complete the onboarding or annual
training as soon as practicable, but no later than within 90 days off being appointed.
SECTION 14. Resolution Number 11220 (CCS) is repealed in its entirety.
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Packet Pg. 205 Attachment: Boards and Commission Resolution (4588 : Resolutions Updating Boards and Commission Procedures & Bylaws Template)
SECTION 15. 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:
________________________
GEORGE S. CARDONA
Interim City Attorney
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Packet Pg. 206 Attachment: Boards and Commission Resolution (4588 : Resolutions Updating Boards and Commission Procedures & Bylaws Template)
City Council Meeting: June 8, 2021 Santa Monica, California
RESOLUTION NUMBER (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
APPROVING THE CITY CLERK’S RECOMMENDED PROCEDURAL CHANGES
TO SANTA MONICA BOARDS, COMMISSIONS, COMMITTEES, AND TASK
FORCES, AND DIRECTING CITY BOARDS, COMMISSIONS, AND TASK
FORCES TO IMPLEMENT THE CITY CLERK’S RECOMMENDED CHANGES
AND ADOPT THE CITY CLERK’S TEMPLATE BYLAWS BY NO LATER THAN
JANUARY 1, 2022
WHEREAS, at the December 17, 2019 City Council meeting, the City Clerk
brought before the Santa Monica City Council (Council) a staff report requesting the
establishment of a Community Working Group (CWG), in consultation with the City
Manager’s Office and the City Attorney’s Office, to perform a comprehensive review of
the City’s boards, commissions, committees, and task forces to make
recommendations and suggestions regarding best practices and consider possible
consolidation of certain boards and commissions with similar missions and purviews;
and
WHEREAS, the overarching goal of the CWG was to promote participation in
the City’s boards and commissions based on inclusion, diversity, and equity, and the
CWG sought to support good governance and the development of leadership skills for
members of the public participating on boards and commissions; and
WHEREAS, over the course of four months, the CWG met to discuss policies
and best practices regarding attendance; the standardization of templates for agendas,
minutes, and bylaws; methods for making appointments to boards and commissions;
financial and administrative support of boards and commissions; and the need to
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Packet Pg. 207 Attachment: Resolution-Approve and Implement B&C Recommendations (4588 : Resolutions Updating Boards and Commission Procedures &
consolidate certain boards and commissions; and
WHEREAS, the City Clerk provided the CWG’s recommendations to City
boards, commissions, committees, and task forces, and encouraged them to meet to
agendize discussion on the recommendations, and to provide any feedback they may
have by April 15, 2021; and
WHEREAS, after careful consideration of the CWG’s recommendations, as well
as feedback from City Department Heads, City staff, and the boards, commissions,
committees, and task forces responding to the City Clerk’s request for feedback, the
City Clerk created her own recommendations, and presented those recommendations
to Council at its April 27, 2021 meeting; and
WHEREAS, at the April 27 Council meeting, Council provided the City Clerk with
direction on boards, commissions, committees, and task forces best practices, and
implementation of the City Clerk’s recommendations; and
WHEREAS, the City Clerk now returns to Council for approval of the City Clerk’s
recommendations, as revised to incorporate Council’s direction from its April 27
meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Council hereby approves the procedural changes to City of
Santa Monica boards, commissions, and task forces, as set forth in Exhibit A, which is
attached hereto and incorporated herein by this reference. Council also approves the
template bylaws, which are attached hereto as Exhibit B and incorporated herein by
this reference.
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SECTION 2. Council hereby directs all City boards, commissions, committees,
and task forces, with the assistance of the City Clerk’s office, to implement the
procedural changes set forth in Exhibit A and adopt the template bylaws set forth in
Exhibit B. A City board, commission, committee, and task force may add or keep
provisions specific to that body to the bylaws, so long as the additional provisions do
not conflict with the template bylaws. All City boards, commission, and task forces
must implement the procedural changes set forth in Exhibit A and adopt the template
bylaws set forth in Exhibit B by no later than January 1, 2022.
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:
GEORGE S. CARDONA
Interim City Attorney
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Packet Pg. 209 Attachment: Resolution-Approve and Implement B&C Recommendations (4588 : Resolutions Updating Boards and Commission Procedures &
Exhibit A
(Procedural Changes)
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Packet Pg. 210 Attachment: Resolution-Approve and Implement B&C Recommendations (4588 : Resolutions Updating Boards and Commission Procedures &
City of Santa Monica
Boards, Commission and Task Force Approved Recommendations
Effective July 1, 2022
Bylaws
A. Every City Board, Commission, and Task Force should have consistent bylaws,
established by resolution, which include the following:
1. Officers shall serve no more than two consecutive years as Chair or Vice Chair, in
order to promote diversity and provide a leadership opportunity for more members
of the community.
2. The election of officers shall take place in July after the annual appointments.
3. Any board of commission with a December year-end appointment schedule shall
move its appointments to June to align with the annual appointments.
4. All boards, commissions, and task forces shall produce an annual workplan to set
priorities for the year, which should align with their corresponding department’s
goals and objectives. All boards, commissions, and task forces shall also produce
an annual one-page evaluation.
5. Required onboarding and annual training shall take place as soon as practicably
possible after the appointments in July. Required annual training must be completed
within three months of appointments in July.
6. All boards, commissions, and task forces shall adopt the agenda order of business
found in the template bylaws. If an agenda item category does not apply to a
particular board, commission, or task force, the inapplicability shall be noted on the
agenda.
7. Attendance requirements shall be set forth in the Boards and Commissions
Resolution and the template bylaws. Attendance requirements shall be consistent,
and clarify the rules for what is considered an excused and an unexcused absence.
8. Except in extraordinary circumstances, the latest start time for any board,
commission, or task force, and standing committee meeting shall be 7:00 p.m.
9. Accommodation language shall be included in the bylaws template after
consultation from the Disabilities Commission.
10. The status of the Task Force on the Environment shall change to a permanent
commission with the same term limits as other boards and commissions. The Task
Force should be renamed the Commission on Sustainability and the Environment. A
goal of achieving environmental justice should be added to the ordinance.
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11. All existing Boards, Commissions, and Task Forces shall utilize the bylaws template
to be consistent with the City Council format.
Term Limits
B. Term limits shall remain the same, allowing members to serve two consecutive terms
and request a third term from the City Council. However, members who term out must
wait one year before applying to another board or commission.
Unexcused Absences
C. Members who have two unexcused absences out of six consecutive
meetings automatically vacate their seat. An absence is considered unexcused when a
member does not communicate their absence to the Chair or liaison of the body prior to
the scheduled meeting. If a member has more than two excused absences, they will
receive a warning from the Chair. If another two meetings are missed, then the liaison
shall inform the City Clerk’s office, who will then inform the City Council.
Special meetings shall not count towards unexcused absences. This applies to boards,
commissions, and task forces meeting monthly. Boards, commissions, and task forces
with meeting schedules other than monthly shall adopt bylaw provisions consistent with
the intent of this rule.
Staff Liaisons
D. Staff liaisons are expected to do the administrative work for Boards and Commission
and not intensive research. Staff research should be limited to information that the
department uniquely has access to and should align with the department’s workplan.
Budget
E. Budgets for boards Commissions, and task forces shall be taken from each board,
commission, or task forces corresponding department’s budget.
Enhancing Diversity, Equity, & Inclusion
G. The City Clerk shall explore all means to enhance diverse representation that reflects
the Santa Monica community that includes:
1. Increase the use of social media to reach and encourage community members to
get involved.
2. Consider involvement at fairs or booths at festivals, such as COAST, for
interested applicants to meet active board and commission members and City
Council members to learn more about each board and commission and have an
opportunity to build connections.
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3. Consider community-based meetings and cultural events that give residents
more opportunity to have informal conversations about community needs and
concerns.
4. Specific outreach to younger members of the community age 18 through 29 to
sit on boards and commissions and have equal voting rights.
Five-Year Review
H. A comprehensive review of all advisory bodies should occur every five years except
that no such review shall occur in an election year.
Update to Applications
I. Consider updating board, commission, and task force applications every five years.
Additional Training
J. Consider training sessions on running meetings, participating during meetings,
parliamentary procedure, and other trainings including but not limited to implicit bias
training. Such trainings would be for Commissioners but could also be open to general
public (members of community groups, non-profit boards, etc.)
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Packet Pg. 213 Attachment: Resolution-Approve and Implement B&C Recommendations (4588 : Resolutions Updating Boards and Commission Procedures &
Exhibit B
(Template Bylaws)
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RULES OF ORDER AND PROCEDURE FOR THE SANTA MONICA (INSERT
NAME OF BODY)
RULE 1. RULES OF ORDER.
Except as otherwise provided by these rules (“Rules”), the City Charter, the
Municipal Code, or applicable provisions of state law, the procedures of the (insert name
of body) shall be governed by the latest revised edition of Roberts Rules of Order.
These rules, or any one of them, may be suspended by a vote of two-thirds (2/3)
of the members present.
RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.
The (insert name of body) establishes the (insert meeting day) of each month as
the day(s) for holding regular meetings. The regular meeting shall commence at (insert
time). If any such (insert day of week) falls on any day designated by law 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 (insert day of week) at the hour
heretofore fixed or at such other day as may be fixed. The (insert location) is established
as the place for holding its regular meetings.
RULE 3. QUORUM AND ACTION.
(insert number for quorum) members of the (insert name of body) shall constitute
a quorum for the transaction of business. Action shall be taken by a majority vote of the
entire membership of the (insert name of body). However, in the case of a quasi-judicial
hearing, if only (insert number for quorum) members are participating, the applicant or
appellant shall be entitled to request and receive a continuance of the hearing, until such
time as (insert number) members are participating.
Whenever any member questions the presence of a quorum, the presiding officer
shall forthwith direct the Secretary to call the roll, each member shall respond when his
or her name is called and the Secretary shall announce the result. Such proceedings
shall be without debate, but no member who is speaking may be interrupted by a question
as to the presence of a quorum.
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The (insert name of body) may also establish standing subcommittees of its
members to address designated areas of business on the (insert name of body) behalf
and may establish ad hoc committees to formulate reports or recommendations on
particular matters. Standing subcommittees established pursuant to this section are
required to hold meetings in compliance with the Ralph M. Brown Act (the “Brown Act”),
California Government Code Sections 54960 et seq., and in accordance with these Rules.
Either Council or (insert name of body) with the consent of Council may establish
advisory groups made up of nonmembers to advise the (insert name of body) on
designated areas of business. Advisory groups established pursuant to this section are
required to hold meetings in compliance with the Brpwn Act and in accordance with these
Rules.
RULE 4. ATTENDANCE.
Attendance at (insert name of body) meetings is expected of all members. An
absence is defined as a failure to attend at least two-thirds of a meeting and includes both
excused and unexcused absences. Members who have two unexcused absences out of
six consecutive regular meetings shall automatically be deemed to have resigned. An
absence is considered unexcused when a member does not communicate their absence
to the Chair or liaison of the body prior to the scheduled meeting. If a member has more
than two excused absences from regular meetings, the member shall receive a warning
from the Chair. If the member misses another two regular meetings, the liaison shall
inform the City Clerk’s office, who will then inform the City Council.
RULE 5. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED
SESSIONS.
As required by the Brown Act, all regular, adjourned regular, and special meetings
of the (insert name of body) shall be public. Other than qualifying instances under the
Brown Act for the Personnel Board, no board, commission, or task force is authorized to
conduct closed sessions.
RULE 6. AGENDA.
The Staff Liaison shall prepare the Agenda as follows:
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(a) The Liaison shall consult with the Chair and/or Vice-Chair in the preparation
of the Agenda.
(b) The Agenda and all available supporting documents shall be provided to all
members on the (insert day) preceding the scheduled meeting to which it pertains or as
soon thereafter as possible, but no later than 72 hours prior to a regular meeting or 24
hours prior to a special meeting, as required by the Brown Act.
(c) Any member may request that any matter within the jurisdiction of the (insert
name of body) be reviewed for placement on the Agenda in consultation with the Staff
Liaison and Chair. Members must submit proposed agenda items by (insert time) on
(insert day items are due) in order to ensure that matters will be agendized for the
following meeting. Subject to Brown Act requirements, items submitted after the deadline
will be agendized for the following meeting, if possible.
(d) The Staff Liaison shall submit the Agenda to the City Clerk’s Office for
posting in a timely manner, to be posted as required by the Brown Act, no later than 72
hours prior to a regular meeting or 24 hours prior to a special meeting. Copies of the
Agenda shall be posted in the lobbies of City Hall and the Public Safety Facility. Online
posting of the Agenda shall be done in addition to physically posting agendas in the
lobbies of City Hall and the Public Safety Facility. The City Clerk shall maintain on file in
his or her office declarations establishing compliance with the posting requirements.
(e) No action shall be taken on any item not appearing on the posted Agenda
unless the item is added to the Agenda in the manner authorized by the Brown Act.
(f) Matters directed to be placed on the Agenda at the direction of members
shall be listed on the Agenda in the order of receipt by the Staff Liaison.
(g) Written requests to the (insert name of body) shall be referred to the Staff
Liaison or his/her designee. Written requests being agendized shall be scheduled for
consideration at the earliest convenient meeting, taking into consideration the length and
content of meeting agendas. Members of the public submitting written requests shall be
advised of how their requests are being handled. Agendized communications shall be
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listed on the Agenda in order of receipt. No communication shall be placed on an Agenda
if it contains material that:
(1) Is profane.
(2) 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.
Members of the public submitting written requests to the (insert name of body) are
encouraged to limit their submissions to one per meeting.
RULE 7. CATEGORIES AND ORDER OF BUSINESS.
The business of the (name of body) shall be conducted in the order and manner
specified below. The order may be changed by a majority vote of those present. The
following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Special Ceremonial Agenda Items. This item includes proclamations,
commendations, introductions of special guests, and presentations and reports by other
non-City public entities or legislative bodies.
(e) Department Head Report. This item shall consist of a report from the
Department Head (or designee) of the (insert name of City Department) on actions taken
and upcoming actions to be taken relating to areas of interest to the (insert name of body).
(f) Consent Calendar. The Consent Calendar shall consist of the approval of
minutes of previous meetings and other routine items which do not necessitate a separate
public hearing and which are determined in the Agenda preparation process to be
relatively non-controversial. The consent calendar shall be considered as one item
regardless of the number of matters appearing on it and may be approved by a single
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vote. The title to the individual consent items need not be read unless a request to do so
is made by any member. Members of the public shall have no more than one opportunity
to address the (insert name of body) concerning any and all items on the consent
calendar. Members of the public shall be heard prior to consideration of the Consent
Calendar. Members may request to have individual matters removed from the Consent
Calendar so that they may be heard on those matters. All matters remaining on the
Consent Calendar may be approved by a single vote. Any items removed from the
Consent Calendar shall be considered separately in the order of their appearance on the
Agenda. Removed items may be heard immediately following the consent calendar
(g) Study Session. During Study Sessions staff will present information
regarding a complex matter that will be subject to deliberation and decisions in the future.
No action will be recommended or taken as part of the Study Session.
(h) Continued Items. This item includes agendized items of a previous meeting
not considered at such meeting. The (insert name of body) may vote by a majority of its
members to have a carry-over item placed on a subsequent agenda as a continued item.
(i) Administrative Proceedings. This item includes proceedings requiring the
(insert name of body) to make a quasi-judicial decision concerning an individual
application.
(j) Staff Administrative Items. This category will include policy matters to be
considered by the (insert name of body).
(k) Public Hearings. This item consists of public hearings required by specific
provisions of law.
(l) Resolutions. A resolution will be considered under this item only if the
substance makes extensive public input advisable, or if it should be considered after
another item on the Agenda, otherwise the resolution will be considered on the Consent
Calendar.
(m) Written Communication. This item allows the (insert name of body) to
consider issues raised by written submissions from the public.
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(n) Member Items. Items requested by members for discussion and possible
action.
(o) Public Input. This item allows members of the public to address the (insert
name of body) on matters that are within their subject matter jurisdiction. No formal action
may be taken on any matter under this item unless the item is specifically agendized.
RULE 8. PREPARATION OF MINUTES.
The Secretary of the (insert name of body) shall have exclusive responsibility for
preparation of the Minutes, and any directions for corrections in the Minutes shall be made
only by majority vote of the (insert the name of body).
RULE 9. APPROVAL OF MINUTES.
Minutes of a (insert name of body) meeting may be approved without reading if the
Secretary has previously furnished each member with a copy and unless a reading is
ordered by a majority vote of the (insert name of body).
RULE 10. PRESIDING OFFICER.
The Chair shall be the Presiding Officer at all meetings of the (insert name of body).
In the absence of the Chair, the Vice Chair shall preside. In the absence of both the Chair
and Vice Chair, the Secretary shall call the (insert name of body) to order and a temporary
Presiding Officer shall be elected by the members present to serve until the arrival of the
Chair or Vice Chair or until adjournment.
RULE 11. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from the
chair, subject only to such limitations of debate as are imposed upon members by these
rules, and shall not be deprived of any of the rights or privileges of a member by reason
of his or her acting as the Presiding Officer.
(b) Duties. The Presiding Officer shall (1) preserve order at all meetings of the
(insert name of body), (2) state (or cause to be stated) each question coming before the
(insert name of body), (3) announce the decisions of the (insert name of body) on all
subjects; (4) decide all questions of order subject to the right to appeal rulings on
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questions of order to the entire (name of body), and (5) encourage all persons present at
the meeting to conform their conduct to the City's Civility Policy.
RULE 12. SWORN TESTIMONY AND SUBPOENA POWER.
The power and process to request that a person appearing before the (insert name
of body) on any matter shall be sworn and the power and process for the (insert name of
body) to issue a subpoena is provided in the Municipal Code section 2.32.060.
RULE 13. RULES OF DEBATE.
(a) Getting the Floor. A member desiring to speak shall gain recognition by the
Presiding Officer.
(b) Questions to Staff. Every member desiring to question City staff shall
address his or her questions to the Staff Liaison or designated staff. 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.
(c) Interruptions. A member who has the floor shall not be interrupted when
speaking unless he or she is called to order by the Presiding Officer, a point of order or a
personal privilege is raised by another member or the speaker chooses to yield to a
question by another member. If a member is called to order, he or she shall cease
speaking until the question of order is determined.
(d) Points of Order. The Presiding Officer shall determine all points of order
subject to the right of any member to appeal to the (insert name of body). If an appeal is
taken, the question shall be: “Shall the decision of the Presiding Officer be sustained?”
The Presiding Officer's decision may be overruled by a two-thirds vote of the members
then present.
(e) Point of Personal Privilege. The right of a member to address the
(insert name of body) on a question of personal privilege shall be limited to cases in which
the member’s integrity, character, or motives are questioned or where the safety or
welfare of the (insert name of body) is concerned.
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(f) Privilege of Final Comment. The member moving the adoption of a
resolution, or motion, shall have the privilege of speaking last on the matter after all other
members have been given an opportunity to speak.
(g) Motion to Reconsider Actions. A motion to reconsider any action taken
by the (insert name of body) may be made only by one of the members on the prevailing
side and may be seconded by any member. Such motion may be made at any time and
shall be debatable. A motion by a non-prevailing member 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) Calling for the Question. A question may be called by majority vote of
those present. However, neither the moving party nor the party seconding any motion
may call for the question, each member shall be afforded one opportunity to speak on
each item before the question is called, and a question may not be called to interrupt or
cut off a particular speaker.
(i) Limitation of Debate. Members shall limit their remarks to the subject
under debate. No member shall be allowed to speak more than once upon any particular
subject until every other member desiring to do so has spoken. Prior to beginning
deliberation, the (insert name of body) may, by a two-thirds vote of those present, limit
the amount of time that each member may spend stating his or her views on a particular
agenda item.
RULE 14. PROTEST AGAINST (insert name of body) ACTION.
Any member shall have the right to have the reasons for his or her opposition to
any action of the (insert name of body) entered in the Minutes. Such opposition shall be
made in the following manner: “I would like the Minutes to reflect that I opposed this action
for the following reasons…”
RULE 15. DISCLOSURE FOR QUASI-JUDICIAL MATTERS.
On quasi-judicial matters, members shall verbally disclose off the record contacts
relating to the item, after the item is called and before the (insert name of body’s)
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consideration of the matter. Disclosure shall include the identity of any individual(s) with
whom the member had contact and the nature of the contact.
RULE 16. PUBLIC TESTIMONY.
(a) Scope. Pursuant to the Brown Act, public testimony is permitted on all
agenda items, and the public shall have an opportunity to comment on any matter which
is not on the Agenda but is within the (insert name of body) jurisdiction. However,
members of the public do not have the right to give testimony outside the scope of or
unrelated to the agenda item under consideration. Additionally, members of the public
should strive to avoid unduly reiterating their own or others’ testimony.
(a) Registration. Any member of the public wishing to address the (insert name
of body) regarding any item on the Agenda for public comment shall register with the Staff
Liaison prior to the start of the meeting, if possible, but no later than prior to the hearing
on that item. Any request received after the start of the hearing shall be considered late
and may only be heard with (insert name of body’s) approval.
(b) Manner of Addressing the (insert name of body). After being recognized by
the Presiding Officer, each member of the public addressing the (insert name of body)
shall go to the lectern, state his or her name and whom he or she is representing, if he or
she represents an organization or other person. Each member of the public is
encouraged, but not required, to also state his or her address, neighborhood, or city of
residence. All remarks shall be addressed to the (insert name of body) as a whole and
not to any individual member. After a public hearing has been closed, no member of the
public shall address the (insert name of body) on the matter under consideration without
first securing (insert name of body) approval.
(c) Time Limits. Except on Written Communication, members of the public
shall limit their remarks to two minutes per agenda item unless the (insert name of body)
grants additional time by majority vote. For purposes of these Rules, the Consent
Calendar shall be considered one item. Persons speaking on another’s written
communication and persons submitting late requests to speak, who receive permission
to speak shall be limited to one minute. On Written Communication, those speaking on
another’s item may speak only if the person raising the matter appears and testifies. If the
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person who raises the item does not appear and testify, the matter shall be received and
filed and persons wishing to speak on the matter may give their testimony during Public
Input. A member of the public wishing to speak on more than one item shall limit his or
her remarks to a total of six minutes per meeting unless the (insert name of body) grants
additional time by majority vote. A member of the public may allocate time between items
in one-minute increments up to two minutes. Testimony given as an applicant or appellant
does not count toward the six-minute maximum. A member reporting to the (insert name
of body) on behalf of a Board or Commission shall not be subject to these rules on time
limits; however, the (insert name of body) may limit the duration of such reports.
(d) Special Time Limits for Applicants and Appellants for Public Hearings.
Applicants and appellants on administrative items shall limit their remarks to ten minutes
and may reserve some of their time for use for rebuttal at the conclusion of the public
hearing. The appellant shall have the opportunity to address the (insert name of body)
first and last.
RULE 17. RULES OF CONDUCT AND SAFETY.
When the (insert name of body) is in session, all persons present must preserve
safety and order and should strive to conform their conduct to the City's Civility Policy.
Members of the public should sit in the audience seating area, unless addressing the
(insert name of body) or entering or leaving the meeting room, should not block the aisles
with personal belongings, and should not bring audible equipment into the meeting room,
including cellular telephones that could cause a disruption.
Any person who disrupts the meeting shall be called to order by the Presiding
Officer. Disruption shall include but not be limited to, blocking the audience or camera
view of the proceedings. If such conduct continues, the Presiding Officer may request
the removal of the person from the meeting room.
RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.
Every member is entitled to vote unless disqualified by reason of a conflict of
interest. A member who abstains from voting consents to the decision made by the voting
members.
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RULE 19. VOTING PROCEDURE.
Any vote of the (insert name of body), including a roll call vote, may be registered
by the members answering “Yes” for an affirmative vote or “No” for a negative vote upon
his or her name being called by the Staff Liaison. The Chair shall vote last.
RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.
Any member 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 and shall leave the dais prior to (insert name of body) consideration
of the matter. A member 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. TIE VOTE.
Tie votes shall be lost motions.
RULE 22. CHANGING VOTE.
The vote of a member may be changed only if he or she makes a timely request
to do so immediately following the announcement of the vote by the Staff Liaison or the
Presiding Officer and prior to the time that the next item in the order of business is taken
up.
RULE 23. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.
The following procedure shall be followed in connection with any Agenda item
requiring a motion:
(a) Staff Liaison reads the title.
(b) Presiding Officer calls for a staff report.
(c) Members question City staff.
(d) (insert name of body) receives Public testimony.
(e) (insert name of body) deliberates.
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(f) A member makes a motion, another member seconds the motion, and the
(insert name of body) debates it, with the maker of the motion having the opportunity to
speak last.
(g) The Presiding Officer or Staff Liaison restates the motion.
(h) The (insert name of body) votes on the motion.
(i) The Presiding Officer or Staff Liaison announces result.
RULE 24. PRESENCE OF CITY STAFF AT (insert name of body)
MEETINGS.
The Staff Liaison shall attend and be present during all (insert name of body)
meetings and give necessary service and advice.
RULE 25. RECORD OF MEETINGS.
All public meetings of the (insert name of body) shall be recorded. The recording
shall be made by the Secretary and retained in accordance with the City’s record retention
schedule. The use of other recording or television equipment is permitted so long as it is
not disruptive of the meeting.
RULE 26. 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 City Council resolution.
RULE 27. FAILURE TO OBSERVE RULES OF ORDER.
These rules of order and procedures govern the conduct of (insert name of body)
meetings. These rules are intended to expedite the transaction of the business of the
(insert name of body) in an orderly fashion and are deemed to be procedural only. Failure
to strictly observe these rules shall not affect the jurisdiction of the (insert name of body)
or invalidate any action taken at a meeting that otherwise conforms to law.
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