2016/12/13 City Council Resolution 2016-115RESOLUTION NO. 2016-115
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE CITY COUNCIL PROTOCOLS
WHEREAS, on October 28, 2008, the City Council adopted City Council Protocols
establishing procedural rules for the conduct of City Council meetings and Council business. On
September 14, 2010, and March 10, 2015, the City Council amended the City Council Protocols;
and
WHEREAS, the City Council wishes to revise and update its City Council Protocols by
adopting and approving, by resolution, the attached revised City Council Protocols.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park hereby adopts the revised City Council Protocols attached hereto as Exhibit "A."
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 13'h day of December, 2016.
CITY OF ROHNERT PARK
CiI11a B lfoirt ayor
ATTEST:
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AHANOTU: l e . CALLINAN: A -q e STAFFORD: Ale MACKENZIE: / 7 e BELFORTE: �
AYES: ( C ) NOES: ( 0 ) ABSENT: ( 0 ) ABSTAIN: ( 0 )
Exhibit A to Resolution
City Council
PROTOCOLS
City of Rohnert Park • December 2016
Adopted 10/28/2008 by Reso. No. 2008-173
Amended 9/14/2010 by Reso. No. 2010-109
Amended 3110/2015 by Reso. No. 2015-047
Amended 12/13/2016 by Reso. No. 2016-115
Table of Contents
I.
COUNCIL MEETINGS ............................. ...:.................... .........................................................
- I -
A.
Regular Meetings ... ....................... ........................ ......... .................... ............................................
- 1-
1. Other Locations.........................................................................................................................
1
2. Location during Local Emergency............................................................................................-
1-
3. Canceled Meetings ........ ............................................................................................................
- 1-
B.
Special Meetings and Emergency Meetings..................................................................................-
1-
C.
Adjourned Meetings......................................................................................................................
- 1-
D.
Study/Work Session....................................................................,.................................................
- 1-
E.
Closed Sessions...................................................................................... ..........
- 2-
F.
Cancellation of Regular Meetings.................................................................................................
- 2-
G.
Quorum..........................................................................................................................................
- 2-
H.
Presiding Officer...........................................................................................................................
- 2 -
1. Absence of Mayor.................................................................................................................
- 2 -
2. Mayor and Vice Mayor Absence...............................................................................,..........
- 2-
3. Election of Council Officers.....................................................................................................
3-
I.
Attendance by the Public....................................................................................... ....................
- 3-
J.
Agenda Packets.............................................................................................................................
- 3-
K.
Action Minutes...............................................................................................................................
3 -
1. Written Comments for the Record............................................................................................
- 3-
2. Reading of the Minutes.............................................................................................................
- 3-
3. Approval of Minutes.................................................................................................................
- 4-
4. Recordings of Meetings............................................................................................................
- 4 -
Il.
ORDER OF BUSINESS........................................................................................................
4-
A.
General Order ............... .. ................................. ,. ................ ................................ .. ...........................
4-
B.
Presentations/Proclamations..........................................................................................................
- 4-
C.
Consent Calendar...........................................................................................................................
- 4-
D.
Action Agenda Items.....................................................................................................................
- 4-
E.
Council Committee and Other Reports.........................................................................................
- 4-
F.
Communications............................................................................................................................
- 5 -
1. On an Item on the Agenda........................................................................................................
- 5-
2. On a non -Agenda Item..............................................................................................................
- 5-
G.
Matters from/for Council .................. .............................. ................................... ............................
- 5-
H.
Standard Adjournment...................................................................................................................
- 5-
-i
i
III. RULES OF CONDUCT ............. .......... .................. ......... ...—.—....,.................................................- 6 -
A.
Rosenberg's Rules of Order..........................................................................................................
6-
B.
Powers and Duties of Presiding Officer of City Council...............................................................
-
6-
1 .
1.
Participation........................................................................................................ ..................
6-
2.
Seating Arrangement for City Council......................................................................................
6-
3.
Question to Be Stated............................................................................................................
- 6 -
4.
Signing of Documents ................ ... ................... ..,,.,.. ...... ,.... .. .......... ,.........................................
- 6-
5.
Sworn Testimony and Subpoenas ...............
-
C.
Rules of Decorum......................................................................................................... .............
7 -
1.
Councilmembers.......................................................................................................................
- 7-
2.
Use of Electronic Devices.........................................................................................................
- 7-
3.
Staff................................... ...................... ......... ........... ...............................................................
7-
4.
Conduct of Speakers..................................................................................................................
7-
D.
Rules of Debate..............................................................................................................................
7
1.
Getting the Floor...............................................................................................................
7-
2.
Questions to Staff......................................................................................................................
- 7-
3.
Interruptions..............................................................................................................................
- 8-
4.
Points of Order................................................................................,....................................
- 8-
5.
Point of Personal Privilege....................................................................................................
- 8-
6.
Limitation of Debate ..... ........... .............. ...................................................................................
- 8-
E.
Motions — Second Required.......................................................................................................
8-
F.
Preparation of Documents — Approval ...................... ........................... ....,.,..................................
- 8-
G.
Reading of Ordinances and Resolutions........................................................................................
- 9-
H.
Required Votes ....................................................... .............................. --............ .........................
- 9-
1.
Voting Procedure...........................................................................................................................
- 9 -
J.
Disqualification for Conflict of Interest
- 9-
K.
Failure to Vote and Abstention......................................................................................................-
9-
L.
Tie Vote ............................... .................... ........ .............................................................................
10-
M.
Changing Vote ............................ ............ ............. ........ ........ .... ................................................. ..-
10
N.
Reconsideration............................................................................................................................
10-
0.
Teleconferencing............................................................... .......... ,...,................ ,...... --- ............. -
10 -
IV. PUBLIC HEARINGS...................................................... ................ ,.................. ..,..........................
10-
A.
Noticed public hearings and appeals may not begin prior to 6:00 pm (Resolution 2010-47)......
10-
B.
General Procedure........................................................................................................................
10-
C.
Time for Consideration-- . .......................................................................................................
11 -
ii
D. Continuance of Hearings............................................................................................................. - 11
E. Public Discussion at Hearings .................... ............................................... ................ .,................ - 11
1.
Public Member Request to Speak .... ....................................... ....................... ........ .................
- 11-
2.
Council Questions of Speakers ........ ................................................................ .......... __.........
- 11 -
3.
Due Process ....................................... ...,.... ,..,..................................................................... .....
11-
4.
Public Oral Presentations .................. ......................................................................... .............
- 12-
5.
Materials for Public Record....................................................................................................
- 12-
6.
Germane Comments................................................................................................................
- 12 -
F.
Communications and Petitions............................................................................................ ........
- 12-
G.
Admissible Evidence...................................................................................................................
- 12-
V. ADDRESSING THE CITY COUNCIL........................................................................................-
12-
A.
Staff Presentations................................................... .......................................................... ....... _.-12-
B.
Public Comments on Non -agenda Items.................................,.................................
-
1.
Timing....................................................................................................................................-
13-
2.
Speaker Cards.........................................................................................................................-13-
13-
3.
3.
Council Deliberations Prohibited............................................................................................
- 13-
4.
Council Interaction with Public...............................................................................................
13-
C.
Public Comments on Agenda Items.............................................................................................
3-
13-
1 .
1.
Members of the Public............................................................................................................
13-
2.
Project Applicant or Appellant...............................................................................................
14-
4-3.
3.
Other Agencies/Entities/Organizations...................................................................................-
14-
4.
Presentation Submitted in Writing...........................................................................................
- 14-
D.
Power Point Presentations...........................................................................................................
- 14-
E.
Comments in Writing Encouraged..............................................................................................
- 15-
F.
Comment Cards...........................................................................................................................-
15-
G.
Repetitious or Dilatory Comments Prohibited.............................................................................
15-
H.
Waiver of Rules.......................................................................................................................
15-
1.
Non Exclusive Rules...................................................................................................................
- 15 -
VI. COMMUNITY RELATIONS AND POLICIES ..................................... ..................... .....,..........
- 16-
A.
Mayor to Act as Council Ceremonial Representative..................................................................
16-
B.
Honoring Residents and Other Worthy Persons ................................ ...........................................
- 16-
C.
Councilmember Participation in Community Activities..............................................................
17-
D.
Ethics..................................................................................................................,........................-
17-
E.
Expense Reimbursement...............................................................................................................
17-
7-
1 .
1.
Quarterly Expenditure Reports............................................................................................... - 17-
M
IV
2. Other Expenditure Reports......................................................................................................
- 17 -
VII.
COUNCILMEMBER ADMINISTRATIVE SUPPORT ............................... .................. ..............
18-
A.
Council Mail & Correspondence.................................................................................................
- 18-
B.
Master Calendar...........................................................................................................................
- 20-
C.
Requests for Research or Information...........................................................................................
20-
D.
Council Notification of Significant Incidents ................ --................. --...... --- .........................
20 -
VIII.
LIAISON ASSIGNMENTS ........................................ ................................................ ..................
-21-
21 -
IX.
IX.
OUTSIDE AGENCY APPOINTMENTS ....... ............................ ...................................... ............
21-
-21-
X.
X.
COUNCIL COMMITTEES............................................................................................................
22-
A.
Purpose ......... ........................................... ......................... ............................................................
22-
B.
Appointment ............................................. ........ ............................... .............................................
22-
C.
Conflict of Interest.......................................................................................................................
- 22-
D.
Committee Meetings...................................................................................................................
- 22-
E.
Communications..........................................................................................................................-
22-
Committee Materials....................................................................................................................
- 23-
3 -GF.
G.
.
Committee Recommendations.....................,...............................................................................
- 23-
H.
Staffing ......................................... ..... --..................................... ................... ..............................
- 23 -
XI.
CITY COMMISSIONS, COMMITTEES, AND BOARDS..........................................................
23-
A.
Appointments to City Commissions, Committees, and Boards ...................................................
23-
B.
Policy for Service on City Commissions, Committees, and Boards ............................................
24-
1. Attendance..............................................................................................................................
- 24-
2. Removal..................................................................................................................................-
24-
3. Role.........................................................................................................................................-
24-
4. Conflict of Interest .......... ............................... .... ........... .......... .,................. ...............................
- 25 -
XII.
COUNCIL VACANCY...............................................................,.................................................
25-
X111.
USE OF CITY COUNCIL CHAMBER................................................::......................................
25 -
XIV.
FAILURE TO OBSERVE COUNCIL PROTOCOLS..................................................................
26 -
XV.
APPENDIX ................................................. ...................... ...................... .......................................
27-
7-
iv
ROHNERT PARK CITY COUNCIL PROTOCOLS
I. COUNCIL MEETINGS
A. Regular Meetings
Regular Meetings of the Council will be held the second and fourth Tuesdays of
each month commencing at 5:00 p.m. in the City Council Chamber, Rohnert Park
City Hall, 130 Avram Avenue, Rohnert Park, California (Resolution 2010-47).
1. Other Locations
The Council may, from time to time, elect to meet at other locations within the
City and upon such election will give public notice of the change of location
in accordance with provisions of the Government Code.
2. Location during Local Emeigcncy
If, by reason of fire, flood or other emergency, it will be unsafe to meet in the
City Hall, the meetings may be held for the duration of the emergency at such
other place as may be designated by the Mayor or, if the Mayor does not so
designate, by the Vice Mayor or City Manager.
3. Canceled .Meet W
When the day for any regular meeting falls on a legal holiday, the regularly
scheduled meeting for that day will be deemed canceled unless otherwise
provided by the Council. The Council must meet regularly, however, at least
once each month.
B. Special Meetings and Emergency Meetings
Special meetings and emergency meetings of the Council may be called and held
from time to time pursuant to the procedures set forth in the Ralph M. Brown Act
(Government Code sections 54950, et seq.).
C. Adjourned Meetings
The Council may adjourn any regular, adjourned regular, special or adjourned
special meeting to a time and place specified in the order of adjournment pursuant
to the procedures set forth in the Ralph M. Brown Act (Government Code
sections 54950, et seq.).
D. Study/Work Session
The Council may meet in a study/work session at such times or at such places as
may be determined by the Council. Study/Work Sessions are less formal and for
the purpose of hearing reports from the staff, receiving public comment, and
reviewing, discussing and debating matters of interest to the City. These sessions
will be noticed as provided by law and open to the public and the press. No
official action may be taken at a study session. However, Council may refer the
item to staff with specific requests for information or provide specific direction to
City Council Protocols Page 1 of 27
Amended 12/13/2016 by Reso. No. 2016-115
staff. During study/work sessions, Councilmembers may ask questions of staff.
For those questions that staff cannot immediately answer, responses will be
provided for the Council in writing or at a future Council meeting.
E. Closed Sessions
Consistent with the Ralph M. Brown Act (Government Code sections 54950, et
seq.), the Council may hold closed sessions during any regular or special meeting,
or any time otherwise authorized by law to consider or hear any matter which is
authorized by State law to be heard or considered in closed session.
1. The City Council may exclude from any such closed session any person or
persons which it is authorized by State law to exclude from such closed
sessions.
2. The general subject matter for consideration will be expressed in an open
meeting before such session is held.
3. Councilmembers may not reveal the nature of discussion or the decision from
a closed session unless required by law or unless a majority of the Council
agrees in closed session to disclose confidential closed session information,
except that the Council must unanimously agree to divulge any confidential
closed session information that is attorney/client privileged communications.
F. Cancellation of Regular Meetings
Any meeting of the Council may be canceled in advance by a majority vote of the
Council.
G. Quorum
A majority of the Council will constitute a quorum, but a lesser number may
adjourn a meeting. If all Councilmembers are absent the clerk may declare the
meeting adjourned to a stated time and place and shall post a notice of
adjournment within 24 hours.
H. Presiding Officer
The Mayor will preside over all Council meetings. The Mayor will have authority
to preserve order at all Council meetings, to remove any person from any meeting
of the Council for disorderly conduct, to enforce the rules of the Council and to
determine the order of business under the rules of the Council.
1. Absence of Mayo
The Vice Mayor will act as Mayor in the absence or disability of the Mayor.
2. Mayor and Vice Mayor Absence
When the Mayor and the Vice Mayor are absent from any meeting of the
Council, the members present may choose another member to act as Mayor
pro tem, and that person will, for the time being, have the powers of the
Mayor.
City Council Protocols Page 2 of 27
Amended 12113/2016 by Reso. No. 2016-115
3. Election of Council Officers
The Mayor and Vice Mayor will be elected by three (3) affirmative votes of
the City Council. In years when members of the City Council are to be
elected, the City Council shall consider the election of a Mayor and Vice
Mayor for one (1) year terms at the first regular meeting after certification of
the general election results has been received by the City. In years when no
members of the City Council are to be elected, the City Council shall consider
the election of the Mayor and Vice Mayor for one (1) year terms at the second
regular meeting in November of each year or no later than the succeeding
meeting.
I. Attendance by the Public
Except as specifically provided by law for closed sessions, all meetings of the
Council will be open and public in accordance with the terms, provisions and
exceptions consistent with the Ralph M. Brown Act (Government Code sections
54950, et seq.).
J. Agenda Packets
The City Council agenda packet, including all reports, communications,
ordinances, resolutions, contracts, documents, or other matters to be considered
by the City Council at the regular meeting, will be delivered to members of the
City Council no later than the Thursday preceding the Tuesday Council meeting
to which the agenda packet pertains. Friday delivery is allowed with City
Manager approval. The agenda packet will be made available for public
inspection upon its distribution to the City Council. Any writings or documents
subject to disclosure that are provided to all, or a majority of all, of the members
of the City Council regarding any item on this agenda after the agenda has been
distributed will also be made available for public inspection at City Hall during
normal business hours.
K. Action Minutes
Minutes of Council meetings will be action minutes. Action minutes will include
final motions and will note for the record how each Councilmember voted. The
minutes will also reflect the names of public speakers. Council and staff
discussion and comments will not be included in the minutes. The City Clerk will
have exclusive responsibility for preparation of the minutes and directions for
corrections to the minutes will be made only by majority vote of the City Council.
1. Written Comments for the Record
Written comments by a Councilmember may be read "for the record" and
submitted to the City Clerk to be placed on file with archives of agenda items
and, if requested, attached to the original set of minutes.
2. Reading of the Minutes
Unless the reading of the minutes of a Council meeting is ordered by a
majority vote of the Council, the minutes may be approved without reading if
the City Clerk has previously furnished each Councilmember with a copy.
City Council Protocols Page 3 of 27
Amended 12/13/2016 by Reso. No. 2016-115
3. Approval of Minutes
Minutes of meetings are generally submitted to the Council within two weeks
for approval.
4. Recordings of Meetings
Digital recordings of proceedings are maintained by the City Clerk for a
period of at least two years.
II. ORDER OF BUSINESS
A. General Order
The business of the Council at its meetings will generally be conducted in
accordance with the order of business as listed on the agenda. The Mayor may,
with a majority vote of the Council, reorder items on the agenda to accommodate
the public or to address other concerns. A closed session may be held at any time
during a meeting consistent with applicable law.
B. Presentations/Proclamations
All presentations will be calendared through the City Clerk in coordination with
the Mayor and City Manager and will be limited to a time period not to exceed 15
minutes cumulative for all presentations at each Council meeting, unless Council
votes to extend the time.
C. Consent Calendar
The Consent Calendar items are routine matters or non -controversial issues. All
items on the Consent Calendar will be considered together by one action unless
any Councilmember or anyone else interested in a consent calendar item requests
that the item be pulled from the Consent Calendar.
Members of the public may comment on consent items prior to the Council's
consideration of the consent agenda. Agenda items pulled from the Consent
Calendar by Councilmembers, members of the pubic, or staff will be considered
at the beginning of the Action Items section of the agenda. A Councilmember
may vote "no" or "abstain" on any consent item without comment or discussion.
D. Action Agenda Items
In accordance with the Ralph M. Brown Act, the Council may not take action on
any item that did not appear on the posted Council agenda 72 hours prior to the
Council meeting unless an exception is made as permitted consistent with the
Ralph M. Brown Act (Government Code sections 54950, et seq.).
E. Council Committee and Other Reports
This time is set aside to allow members of the Council serving on Council
committees and regional boards, commissions or committees to present a verbal
report to the full Council on activities of the respective commissions, committees
or boards upon which they serve. Only the meetings of those Council committees,
City Council Protocols Page 4 of 27
Amended 12/1312016 by Reso. No. 2016-115
liaisons, commissions, committees, and boards which are appointed by the
Council may be listed on the agenda. No action may be taken by the Council on
these reports unless an exception is made as permitted consistent with the Ralph
M. Brown Act (Government Code sections 54950, et seq.).
F. Communications
Correspondence need not be read aloud at a Council meeting unless requested by
a majority vote of the Council.
1. On an Item on the A eg nda
Any person may submit written comments to the Council through the City
Clerk or other City offices, and request that members of the Council receive
copies of such materials in the agenda packet, provided that such materials are
received in sufficient time to be included for distribution in the agenda packet.
Otherwise, such materials shall be distributed prior to or at the meeting during
which the subject matter will be considered.
2. On a non -Agenda Item.
Councilmembers desiring to read or discuss any communication received on
any matter not on the agenda may do so. No action may be taken except to
place a particular item on a future agenda for Council consideration or as
otherwise permitted by applicable law.
G. Matters from/for Council
Any member of the City Council may place an Item on "Matters from/for
Council" before the City Council meeting by providing the City Manager with
the title of the item before the agenda is published. The purpose of the City
Council discussion on such item will be to determine whether it will be placed
on a subsequent agenda for deliberation and action. A concurrence of two
Councilmembers will be sufficient to add the item on a subsequent agenda.
2. The City Manager may place an item on the agenda under "Matters from/for
Council" with the purpose of providing the City Council an opportunity to
discuss, deliberate, and take action.
An item may not be added under "Matters from/for Council" at the City
Council meeting except as permitted consistent with the Ralph M. Brown Act
(Government Code Sections 54950, et seq.).
H. Standard Adjournment
The City Council will not hear any new agenda items past 11:00 p.m. without a
majority vote of the City Council. If agenda items remain after 11:00 p.m., City
Council may extend the meeting with a majority vote, a special meeting may be
scheduled, or the items may be deferred until the next meeting.
City Council Protocols Page 5 of 27
Amended 12/13/2016 by Reso. No. 2016-115
III. RULES OF CONDUCT
A. Rosenberg's Rules of Order
Except as provided herein, other rules adopted by the City Council and applicable
provisions of state law, the procedures of the City Council will be governed by
the latest revised edition of Rosenberg's Rules of Order. Rosenberg's Rules are
appended herein for reference.
B. Powers and Duties of Presiding Officer of City Council
1. Participation
The presiding officer may move, second, debate, and vote from the chair.
2. Seating Arrangement for City COL1116
The presiding officer will, following each Council election of officers and at
such other time as the presiding officer deems it necessary, establish the
seating arrangement of the members of the Council. The Vice Mayor will
always be seated immediately next to the Mayor.
3. Question to Be Stated
The presiding officer or such member of the city staff as he/she may designate
will verbally restate each question immediately prior to calling for the vote.
The presiding officer in his/her discretion may publicly explain the effect of a
vote for the audience, or he/she may direct a member of the city staff to do so
before proceeding to the next item of business.
4. Signing ring of Documents
The presiding officer will sign all ordinances, resolutions, contracts, and other
documents necessitating his/her signature, which were adopted, unless he/she
is unavailable in which case the signature of an alternate presiding officer may
be used.
5. Sworn Testimony and Subpoenas
Pursuant to California Government Code section 40603 the presiding officer
will have the power to administer oaths and affirmations, take affidavits and
certify them under his/her hand. In addition and pursuant to Government
Code section 37104, the City Council may issue subpoenas to require
attendance of witnesses or production of books or other documents for
evidence or testimony in any action or proceeding pending before the Council.
The form of oaths administered by the presiding officer will be substantially
in the following form:
Name of affiant.
"I hereby declare or affirm under penalty of perjury that the testimony I am
about to give before the City Council is the truth."
City Council Protocols Page 6 of 27
Amended 12/13/2016 by Reso. No. 2016-115
C. Rules of Decorum
Councilmembers
While the Council is in session, Councilmembers will preserve order and
decorum, and a member will neither by conversation or otherwise delay or
interrupt the proceedings or the peace of the Council nor disturb a member
while speaking or refuse to obey the orders of the presiding officer.
2. Use of Electronic Devices
While the Council is in session, to satisfy due process requirements,
Councilmembers shall give their sole attention to the proceedings and shall
refrain from using electronic devices such as computers, cell phones, pagers,
PDAs and other electronic devices for the purpose of sending or receiving
external communication unless an emergency or extraordinary circumstance
exists. Councilmembers are permitted to use laptop computers and other
electronic devices such as iPads to access electronic agenda packets while in
session.
3. Staff
Members of the City staff and employees will observe the same rules of order
and decorum applicable to the City Council.
4. Conduct of Speakers
No person shall use loud, profane, threatening, or personally abusive
language, or engage in any other disorderly conduct so as to disrupt, disturb or
otherwise impede the orderly conduct of any Council meeting. Persons who
violate this rule may be barred from attendance for the remainder of the
Council meeting, provided that the Mayor has notified the person to conduct
himself/herself in a manner consistent with this rule, and warned the person
that he/she will be removed if he/she continues to disrupt the Council meeting.
If after notification and warning the person persists in disrupting the meeting,
the Mayor shall order the person to leave the Council meeting. If the person
does not remove himself/herself, the Mayor may request any law enforcement
officer who is on duty at the meeting to remove that person from the Council
Chamber.
D. Rules of Debate
Getting the floor
Every Councilmember desiring to speak will first address the presiding
officer, gain recognition by the presiding officer, and will confine
himself/herself to the question under debate, avoiding personalities and
indecorous language.
2. Questions to Staff
Every Councilmember desiring to question the City staff will, after
recognition by the presiding officer, address his/her questions to the City
City Council Protocols Page 7 of 27
Amended 1211312016 by Reso. No. 2016-115
Manager, the City Attorney, or the City Clerk, who will either answer the
inquiry or designate a member of his/her staff for that purpose.
3. Interruptions
A Councilmember, once recognized, will not be interrupted when speaking
unless called to order by the presiding officer, unless a point of order or
personal privilege is raised by another Councilmember or unless the speaker
chooses to yield to a question by another Councilmember. If a
Councilmember, while speaking, is called to order, he/she will cease speaking
until the question of order is determined and, if determined to be in order,
he/she may proceed. Members of the City staff after recognition by the
presiding officer will hold the floor until completion of their remarks or until
recognition is withdrawn by the presiding officer.
4. Points of Order
The presiding officer will determine all points of order subject to the right of
any Councilmember to appeal to the Council. If an appeal is taken, the
question will be, "Will the decision of the presiding officer be sustained?" A
majority vote of the Council conclusively determines the question of order.
5. Point of Personal Privilege
The right of a Councilmember to address the Council on a question of
personal privilege is limited to cases in which his/her integrity, character or
motives are questioned or where the welfare of the Council is concerned. A
Councilmember raising a point of personal privilege may interrupt another
Councilmember who has the floor only if the presiding officer recognizes the
privilege.
6. Limitation of Debate
No Councilmember will be allowed to speak more than once upon a particular
subject until every other Councilmember desiring to do so has spoken.
E. Motions — Second Required
A motion by a member of the Council, including the presiding officer, may not be
discussed or acted on without receiving a second.
F. Preparation of Documents — Approval
1. The City Attorney will prepare or approve all ordinances. No ordinance will
be prepared for presentation to the Council unless ordered by a majority vote
of the Council or requested by the Mayor or City Manager or prepared by the
City Attorney on his/her own initiative.
2. All ordinances, resolutions and contract documents will, before presentation
to the Council, be approved as to form by the City Attorney and examined and
approved for administration by the City Manager or his/her representative.
City Council Protocols Page 8 of 27
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G. Reading of Ordinances and Resolutions
Motions offering ordinances or resolutions are deemed to include waiver of full
reading and title of the ordinance or resolution unless otherwise specifically
stated. If a Councilmember so requests the ordinance or resolution will be read in
full. Ordinances that have been introduced by unanimous vote of the Council may
be placed on the consent calendar and adopted by a roll call vote for consent
calendar approval.
H. Required Votes
Three affirmative votes are required for (1) ordinances, (2) resolutions, (3)
payment of money, (4) Commission, Committee, Board, and other appointment
removals, or (5) City Council election of Mayor and Vice Mayor.
I. Voting Procedure
"Majority Vote" refers to the majority of the quorum. "Majority Vote of the
Membership" refers to a majority of the total membership. A four-fifths (4/5)
Vote of the Council is 4/5 of the quorum. "Super -majority Vote" refers to 4/5 of
the Membership.
A vote of the Council, including a roll call vote, may be registered by the
members by answering "Yes" or "Aye" for an affirmative vote or "No" or "Nay"
for a negative vote. The action taken must be publicly announced, reporting the
vote or abstention of each Councilmember present, as required by the Ralph M.
Brown Act (Government Code Sections 54950, et seq.).
J. Disqualification for Conflict of Interest
Any Councilmember who is disqualified from voting on a particular matter by
reason of a conflict of interest will publicly state or have the presiding officer
state the nature of the disqualification in open meeting. Where no clear
disqualifying conflict of interest appears, the matter of disqualification may, at the
request of the Councilmember affected, be decided by the other Councilmembers.
A Councilmember who is disqualified by reason of a conflict of interest in any
matter may not remain in his/her seat during the debate and vote on the matter,
but will request and be given the permission of the presiding officer to step down
from the dais and leave the Chamber during discussion and action on the matter.
A Councilmember stating disqualification will not be counted as a part of a
quorum and will be considered absent for the purpose of determining the outcome
of a vote on the matter.
K. Failure to Vote and Abstention
Every Councilmember is encouraged to vote unless disqualified by reason of a
conflict of interest. A Councilmember who abstains from voting in effect consents
that a majority of the quorum may decide the question voted upon.
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L. Tie Vote
Tie votes will be lost motions and may be reconsidered at a subsequent meeting
upon a motion passed by the Council to reconsider the item at a subsequent
meeting.
M. Changing Vote
A member may change his/her vote only if he/she makes a timely request to do so
immediately following the announcement of the vote by the presiding officer and
prior to the time that the next item in the order of business is taken up. A
Councilmember who publicly announces that he/she is abstaining from voting on
a particular matter may not subsequently withdraw his/her abstention.
N. Reconsideration
A motion to reconsider action taken by the Council may be made only on the day
the action was taken. It may be made either immediately during the same session
or at a recessed or adjourned session. The motion may be made only by one of the
Councilmembers who voted with the prevailing side. This does not prevent a
Councilmember from making or remaking the same or any other motion at a
subsequent meeting of the Council.
O. Teleconferencing
Any Councilmember who participates by teleconference will take all necessary
steps to comply with the provisions of the Brown Act related to teleconferencing.
All votes taken during a teleconferenced meeting must be by roll call.
IV. PUBLIC HEARINGS
A. Noticed public hearings and appeals may not begin prior to 6:00 pm
(Resolution 2010-47).
B. General Procedure
The Council procedure for the conduct of public hearings is generally as follows:
1. Staff presents its report.
3. Councilmembers may ask questions of staff if they so desire.
4. The Mayor opens the public hearing. See Section V.0 for comment time
limits.
5. The applicant then has the opportunity to present comments, testimony, or
arguments. However, in the case of an appeal when the appellant is different
from the applicant, the appellant should be called upon first to provide
comments or testimony followed by comments by the applicant.
6. Members of the public are provided with the opportunity to present their
comments, testimony or argument.
7. The applicant is given an opportunity for rebuttal or concluding comments.
However, in the case of an appeal when the appellant is different from the
applicant, the appellant should be called upon first to provide closing
comments followed by the applicant.
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8. The public hearing is closed.
9. The Council deliberates on the issue.
10. If the Council raises new issues through deliberation and seeks to take
additional public testimony (questions of the public, applicant or appellant),
the Public Hearing must be reopened. At the conclusion of the public
testimony, the Public Hearing is again closed.
11. The Council deliberates and takes action.
12. The Mayor announces the final decision of the Council.
C. Time for Consideration
Matters noticed to be heard by the Council will commence at the time specified in
the notice of hearing, or as soon thereafter as is reasonably possible, and will
continue until the matter has been completed or until other disposition of the
matter has been made.
D. Continuance of Hearings
Any hearing being held or noticed or ordered to be held by the Council at any
meeting of the Council may, by order or notice or continuance, be continued or
re -continued to any subsequent meeting.
E. Public Discussion at Hearings
When a matter for public hearing comes before the Council, the Mayor will open
the public hearing. Upon opening the public hearing and before any motion is
adopted related to the merits of the issue to be heard, the Mayor will inquire if
there are any persons present who desire to speak on the matter which is to be
heard or to present evidence respecting the matter.
1. Public Member Reguest to S peak
Persons wishing to speak or present evidence during Public Hearings should
submit a speaker card to the City Clerk in a timely fashion. Speakers will be
called by the Mayor in the order by which they submit speaker cards. When
called upon, the person should come to the podium, state his/her name and
address for the record, and, if speaking for an organization or other group,
identify the organization or group represented. A member of the public may
only address the Council upon recognition by the Mayor.
2. Council Questions of Speakers
Members of the Council who wish to ask questions of the speakers or each
other during the public hearing portion may do so but only after first being
recognized by the Mayor. Interaction with the speaker will be limited to a
question or questions, rather than an ongoing dialogue. Councilmembers
should avoid raising questions as a method to extend the allocated time for a
speaker.
3. Due Process
The Mayor will conduct the meeting in such a manner as to afford due
process.
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Amended 12113/2016 by Reso. No. 2016-115
4. Public Oral Presentations
All Council rules pertaining to oral presentation by members of the public
apply during public hearings.
5. Materials for Public Record
All persons interested in the matter being heard by the Council will be entitled
to submit written evidence or remarks, as well as other graphic evidence. All
such evidence presented will be retained by the City Clerk as part of the
Clerk's record of the hearing, unless otherwise directed. Where the Council is
acting as an adjudicatory or fact-finding body, all documentary evidence must
be submitted at least five (5) days before the applicable hearing to enable
adequate consideration of the evidence.
6. Germane Comments
No person will be permitted during the hearing to speak about matters or
present evidence which is not germane to the matter being considered. A
determination of relevance will be made by the Mayor, but may be appealed
to the full Council.
F. Communications and Petitions
Written communications and petitions concerning the subject matter of the hearing
will be noted, read aloud, or summarized by the Mayor. A reading in full will take
place if requested by any member of the Council.
G. Admissible Evidence
Hearings need not be conducted according to technical rules relating to evidence and
witnesses. Any relevant evidence may be considered if it is the sort of evidence upon
which responsible persons are accustomed to rely in the conduct of serious affairs.
V. ADDRESSING THE CITY COUNCIL
A. Staff Presentations
Staff presentations will be limited to 10 minutes. Longer staff presentations must
be approved by the City Manager prior to the Council meeting.
B. Public Comments on Non -agenda Items
In compliance with the Ralph M. Brown Act (Government Code Section 54950,
et seq.), Public Comments is that portion of City Council meetings set aside for
members of the public to address the City Council on items within the subject
matter jurisdiction of the City of Rohnert Park that are not otherwise scheduled as
a regular agenda item on the City Council agenda. Any person wishing to address
the City Council on an item that is scheduled on the City Council agenda will be
encouraged to make comments during the discussion of that agenda item.
Although not required by law, Public Comment may be allowed at a special
meeting when set forth on the special meeting agenda.
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Amended 1211312016 by Reso. No. 2016-115
1. Timing
Public Comments are scheduled at the beginning of each Regular Council
meeting just prior to the Consent Calendar and at the end of each Regular
Council meeting just prior to adjournment, as specified on the City Council
agenda. The first Public Comments period is limited to no more than thirty
(30) minutes total for all speakers, with each speaker given no more than three
(3) minutes. If there are more than ten (10) Public Comments speakers, the
presiding officer will be authorized to establish a different time limit for
public comments and/or defer speakers to the Public Comments period just
prior to adjournment in order to allow equal access for all those wishing to
address the City Council.
2. Speaker Cards
Persons wishing to speak during Public Comments should submit a speaker
card to the City Clerk in a timely fashion. Speakers will be called by the
Mayor in the order by which they submit speaker cards. When called upon,
the person should come to the podium, state his/her name and address for the
record, and, if speaking for an organization or other group, identify the
organization or group represented.
3. Council Deliberations Prohibited
In compliance with the Brown Act, the Council may not deliberate or vote on
any matter raised during Public Comments. However, the Council may
request further action in accordance with the Brown Act.
4. Council Interaction with Public
Questions during Public Comments, if any, should be directed to the Mayor
who will determine whether, or in what manner, an answer will be provided.
If a Councilmember believes that a material misstatement of fact has been
made by a person during Public Comments, the Councilmember may ask the
City Manager or City Attorney to correct or otherwise clarify the matter or the
Councilmember may provide a direct response at that time. If an immediate
response is not possible, correction or clarification will be provided at the next
regular meeting of the Council.
C. Public Comments on Agenda Items
The Mayor may alter any of the enumerated time allocations based on the complexity
of the item and the number of persons wishing to speak on the item.
1. Members of the Public
Any member of the public wishing to address the Council orally on City business
matters appearing on the Council agenda may do so when that item is taken up by
the Council, or as otherwise specified by the Mayor. Speakers will be limited to
three (3) minutes unless altered as provided for herein, and this time limit is
inclusive of oral and visual presentations.
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Amended 1211312016 by Reso. No. 2016-115
2. Project Applicant or Appellant
The project applicant, appellant or other person or entity with a substantial direct
property interest, or his/her representative will have a total of 15 minutes for
his/her presentations. The initial comments or presentation will be limited to ten
(10) minutes and the rebuttal or concluding comments will be limited to five (5)
minutes.
All other persons wishing to speak on the matter will be limited to three (3)
minutes unless changed by City Council action. Speaker time limits are inclusive
of oral and visual presentations and will constitute the cumulative three-minute
time limit for each speaker for the meeting. The Mayor, with majority vote of the
Council, may alter any of the enumerated time allocations based on the
complexity of the item and the number of persons wishing to speak on the item.;
3. Otber Ageiaci.es/Entities/OTganizations
Presentations will be limited to 10 minutes unless a request for a longer
presentation is approved by the City Manager prior to the Council Meeting.
4. Presentation Submitted in Writing
Persons who anticipate oral presentations exceeding five (5) minutes are
encouraged to submit comments in writing at the earliest possible time for
distribution to the Council and other interested parties. Comments should be
submitted sufficiently in advance of the scheduled meeting date to ensure
distribution to the Council prior to the meeting.
D. Power Point Presentations
Members of the public, other agencies, entities, and organizations may present a
PowerPoint software presentation to the Council utilizing the City's audio/visual
equipment.
1. All PowerPoint presentations must comply with applicable time limits for oral
presentations and cumulative time limits. Presentations should be planned with
flexibility to adjust to any changes in these time limits.
2. Each slide of the PowerPoint presentation must identify that this is the "Personal
Comments of Private Citizen [first and last name]."
3. All Power Point presentations must be contained on a CD or flash drive that is
already formatted in PowerPoint and compatible with City equipment. All
presentations must be submitted to the City Clerk no later than noon on the
business day before the Council meeting to allow for computer virus checks and
compatibility with City equipment.
4. Any electronic media submitted that is thought to contain computer viruses or is
unable to be scanned for computer viruses by City equipment will not be
permitted to be used.
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5. If compatibility or computer viruses are at issue, a member of the public may
provide a printed hard copy of the PowerPoint presentation to be scanned and
projected onto the screen via the visual projector during his/her presentation.
E. Comments in Writing Encouraged
Members of the public may submit, and are encouraged to submit, comments in
writing to the City Council relating to any items of City business, whether on the City
Council agenda or otherwise. Such written comments will be distributed to members
of the Council and considered and acted upon, or not acted upon, as allowed under
the Brown Act the City Council in its judgment may deem appropriate.
F. Comment Cards
Speaker cards may also be used as comment cards by members of the public who do
not wish to or cannot verbally address the Council during a meeting. A person may
indicate his/her comments and opposition or support for an agenda item on a
speaker/comment card. During the public testimony of the item, the Mayor will
indicate that the Council has received comment cards from (name of person) in
support of the project or issue and comment cards from (name of person) in
opposition of the project or issue. The minutes will reflect the Council's receipt of
comment cards in opposition and support of the project or issue.
G. Repetitious or Dilatory Comments Prohibited
A speaker will not present the same or substantially same items or arguments to the
Council repeatedly or be repetitious or dilatory in presenting his/her oral comments.
If a matter has been presented orally before the Council, whether the Council has
taken action, or determined to take no action, the same or substantially same matter
may not be presented orally by the same person any further. Nothing in the foregoing
precludes submission of comments to the City Council in writing for such action or
non -action as the Council, in its discretion, may deem appropriate.
In order to expedite matters and to avoid repetitious presentations, the designation of
a spokesperson is encouraged. Whenever any group of persons wishes to address the
Council on the same subject matter, those persons are encouraged to designate a
spokesperson to address the City Council. The time allocation for a designated
spokesperson may be altered as provided herein.
H. Waiver of Rules
Any of the foregoing rules may be waived by majority vote of the Councilmembers
present when it is deemed that there is good cause to do so based upon the particular
facts and circumstances involved.
I. Non Exclusive Rules
The rules set forth are not exclusive and do not limit the inherent power and general
legal authority of the Council, or of its presiding officer, to govern the conduct of
City Council meetings as may be considered appropriate from time to time or in
particular circumstances for purposes of orderly and effective conduct of the affairs of
the City.
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Amended 1211312016 by Reso. No. 2016-115
VI. COMMUNITY RELATIONS AND POLICIES
A. Mayor to Act as Council Ceremonial Representative
The Mayor has been delegated the responsibility to act as the City Council's
ceremonial representative at public events and functions. In the Mayor's absence,
the Vice Mayor assumes this responsibility. In both the Mayor and Vice Mayor's
absence, the Mayor will appoint another Councilmember to assume this
responsibility.
B. Honoring Residents and Other Worthy Persons
It is the policy of the City Council to honor people and organizations who have
contributed to the improvement or to the welfare of the City. Recommendations
may be made by citizens to an appropriate commission, board, or committee or
directly to the City Council. The Council may request the advice of a commission,
board or committee to determine merit or, if desirable, to hold a public hearing
prior to a formal dedication. Recognition may also be given to individuals for
their personal achievement or for enhancing the image of the City. The accolades
could include awards, certificates, resolutions or proclamations. In addition,
perpetual plaques or awards can be bestowed on individuals.
If any commissioner, board member, committee member, Councilmember, or
citizen requests an accolade, the following procedure should be followed:
Incoming requests for a proclamation or resolution to be presented at an event
or Council meeting are provided to the Mayor for approval. All requests are
provided in writing four (4) weeks prior to event/Council meeting date and
should include a draft proclamation or resolution. Content may be changed
after submission at the discretion of the City Manager. Once the Mayor
approves the request, the proclamation or resolution is either scheduled at an
upcoming Council meeting, presented at an event or is picked up/mailed. In
the event that the Mayor is unable to attend an event, the Vice Mayor or a
Councilmember will attend on behalf of the Council.
2. If a request for a proclamation or resolution is submitted with little verbiage,
the requestor should be contacted and advised that a certificate of recognition
is more appropriate for the occasion.
3. If a request for a proclamation or resolution is submitted where the subject
matter is questionable as to its appropriateness, the Mayor will place the item
on the agenda for Council consideration.
4. If a request for a perpetual plaque or award is submitted, the request will be
directed to the appropriate commission, board, or committee for consideration
and recommendation to the Council.
If a request for dedication of a municipal building, room, or facility, is
submitted, the request will be directed to the appropriate commission, board
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Amended 1211312016 by Reso. No. 2016-115
or committee for public hearing. If after the public hearing the commission,
board or committee recommends dedication to the Council, the Council will
hold a public hearing prior to taking action on the dedication request.
C. Councilmember Participation in Community Activities
From time to time, Councilmembers may choose to participate in community
activities, committees, events, and task forces. When a Councilmember
participates in these types of activities, the Councilmember is acting as an
interested party rather than acting on behalf of the City Council. Acting or
participating on behalf of the City Council is limited to those instances when the
Council has formally designated the Councilmember as its representative for the
matter.
D. Ethics
The City Council is committed to conducting business ethically and to follow all
state and local regulations, including the Political Reform Act and the Ralph M.
Brown Act. The City has adopted a Code of Ethics by resolution appended herein
for reference.
E. Expense Reimbursement
Pursuant to Government Code section 53232, et seq., the City Council Expense
Reimbursement Policy provides guidance to elected and appointed officials on the
use and expenditure of City resources and sets the standard of how those
expenditures will be measured. The City Council Expense Reimbursement Policy
is approved by the City Council via resolution and shall be appended herein for
reference. Councilmembers shall refer to and adhere to the terms and conditions
of the current City Council Expense Reimbursement Policy when incurring
expenses using City resources. City Council Expense Reimbursement Policy is
appended herein for reference.
1. Quarterly Ex enditure Reports
A quarterly report of funds expended for each Councilmember for City
business will be provided to the Council on the consent calendar of a regular
meeting. The report will generally be provided to the Council within 30 days
of the end of each quarter.
2. Other Expenditure Reports
Per Government Code Section 53232.3(b), Councilmembers shall provide brief
reports on meetings attended at the expense of the City at the next regular
meeting of the legislative body.
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Amended 1211312016 by Reso. No. 2016-115
VII. COUNCILMEMBER ADMINISTRATIVE SUPPORT
A. Council Mail & Correspondence
When incoming mail is received addressed to a Councilmember, it is opened by
staff. Mail marked "personal" or "confidential" will be provided to the
Councilmember unopened.
All Council member correspondence written with City resources (letterhead,
typing, staff support, postage, etc.) will reflect the position of the full Council, not
an individual Council member's position. All Council member correspondence
using City resources will be copied to the full Council. For example, responses to
citizen letters will be copied to the full Council along with the original citizen
correspondence.
1. If a Councilmember desires staff action regarding individually received mail,
such as having it listed on the agenda or requesting a response from staff, the
Councilmember shall submit the request to the City Manager.
2. When appropriate, the Mayor shall make representations on behalf of the
entire Council as provided at a council meeting, and will sign any letters
representing the position of the full City Council.
3. City Councilmembers shall avoid using City letterhead or other City resources
when an objective person could construe that to do so would create the
appearance of:
a. Using public office for personal gain or to promote personal business
b. Giving preferential treatment to any person or group
c. Impeding governmental responsiveness or efficiency
4. Types of Correspondence
a. General Correspondence (Non -Agenda Items)
If the correspondence relates to a City matter not on a forthcoming
agenda, it is routed by the City Manager to the appropriate Department
Head or staff member who may draft a response with copies to
Councilmembers and appropriate staff members.
b. City C OLIncil Mcetinglflgenda-Related Correspondence
If the correspondence relates to an item on a forthcoming City Council
meeting agenda, it is provided to the City Clerk for inclusion in the
Council packet for that business item and copied to the City Manager and
appropriate staff members.
c. Personal Correspondence
Upon request, City Councilmembers will be provided individual stationery
and envelopes for use in communications reflecting their personal
positions, not the position of the full Council. These communications
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Amended 1211312016 by Reso. No. 2016-115
(including e-mail responses) will be prepared by and sent at the expense of
individual Councilmembers. Council Members may utilize the City's
outgoing mail service; however, postage will be at the Councilmember's
expense. Personal correspondence to or from Councilmembers do not
require listing on the City Council agenda.
d. Correspondence Respondin to o Proposed Stale or Federal Legislation
In responding to correspondence from the City to State or Federal
government representatives regarding proposed State or Federal
legislation, the following process will be followed:
1. On longer-term policy issues as time permits:
a. The proposed legislation, along with a draft letter for the Mayor's
signature, will be placed on an upcoming City Council agenda for
consideration by the full Council.
b. After a majority vote of the Council, staff will send the letter to the
appropriate State or Federal representatives.
c. At a City Council meeting, a City Councilmember may suggest
that the City take a position on a proposed State or Federal
legislative matter and, with a majority vote of the Council, the
letter will be prepared and sent.
2. On matters of urgency, when there is insufficient time for the above
process:
a. If the proposed legislation is considered extremely beneficial or
extremely detrimental to the City's interests, and after consultation
between the Mayor and City Manager, a letter may be prepared
immediately for the Mayor's signature, with copies being provided
to the whole Council.
b. This procedure is particularly appropriate if the City's position is
similar or identical to a past City position on this matter and/or is
consistent with the position taken by the League of California
Cities.
e. Correspondence Related to Mayors' & Councilmembers' Association and
City Selection Committee `Letters of Interest'
Upon request by City Councilmembers, full administrative support,
including the use of letterhead, will be provided for use in submitting
`Letters of Interest' for appointment to the various committees/boards
associated with the Mayors' & Councilmembers Association and City
Selection Committee assignments. Administrative support shall include
the distribution of these communications as required to meet submission
deadlines.
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B. Master Calendar
A master calendar of Council events, functions or meetings will be provided to
the full Council. Functions, events or meetings to be attended by individual
Councilmembers will only be included on the master calendar at the request of
individual Councilmembers.
C. Requests for Research or Information
Councilmembers may request information or research from staff or the City
Attorney on a given topic directly when it is anticipated that the request can be
completed by staff or the City Attorney in less than an hour. Councilmember
requests for research or information that are anticipated to take staff more than
one hour to complete should be directed to the City Manager. Requests for legal
review that are anticipated to take more than one hour to complete shall be
directed to the Council for Consideration during a council meeting. Requests for
new information or policy direction will be brought to the full Council at a regular
meeting for consideration.
D. Council Notification of Significant Incidents
To ensure the City Council is aware of significant public safety incidents, the
following incidents will be briefed through text message or phone call to the City
Council by the City Manager or the Director of Public Safety:
1. Major injury or death of a City employee, an employee's immediate family
member, or a prisoner in custody by the Department of Public Safety
2. Officer -involved shooting
3. Traffic collision involving a City vehicle resulting in a serious injury
requiring hospitalization
4. Hostage or barricaded subject
5. Riot or other major disturbance (e.g., violent protest)
6. City participation in disaster response to other jurisdictions (e.g., strike
teams sent to the San Diego fires)
7. Homicide or any unusual event leading to death
8. Major fire resulting in the loss of a structure
9. Assault where the victim may expire
10. Robbery with serious injury
11. Major sex crime with bodily injury
12. Kidnapping
13. A substantial school -related incident
14. Felony arrest of any City employee, or political figure
15. Found or threat of bomb or explosive device
16. Terrorist threat
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17. Person/child struck in a crosswalk
18. Any event resulting in substantial media coverage (e.g., discovery of
improperly stored bodies by funeral home)
19. Any Public Safety event involving an elected official, City Manager,
department head that comes to the attention of the Department of Public
Safety
20. Activation of the City's Emergency Operations Center
Requirements in existing law (e.g., juvenile information, notification of
immediate family members) or the need to protect crime victims may restrict the
ability to provide information. This policy is not intended to circumvent legal
limits to law enforcement restricted information. In cases where incidents not
requiring Council action occur during the hours of 9:00 p.m. through 8:00 a.m.,
Councilmembers will be contacted the next morning or shortly thereafter.
VIII. LIAISON ASSIGNMENTS
The Mayor assigns liaisons to various outside agencies, committees, commissions,
boards, and taskforces.
1. Unless acting in an official liaison capacity, individual Councilmembers should
refrain from attending meetings organized or chaired by City staff which are not
open to the public.
2. Liaisons are obligated to keep Council well informed on activities pertaining to
Rohnert Park via the Council Committee and Other Reports at Council meetings.
3. City staff may serve as a liaison with the concurrence of the City Manager.
IX. OUTSIDE AGENCY APPOINTMENTS
The Mayor nominates and the City Council confirms by majority vote of the
membership appointments to outside agencies, committees, commissions, boards, and
taskforces.
1 _ An appointee's role is to represent the City on matters affecting the City of
Rohnert Park. Appointees have no authority to appropriate City funds except as
otherwise approved by the City Council.
2. Appointees are obligated to keep Council well informed via Council meetings or
City staff.
3. Appointees are expected to attend meetings on a regular and consistent basis.
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4. Each appointees serves at the pleasure of the City Council. Any City
Councilmember may bring forward a proposal to remove an appointee. Three
affirmative votes of the City Council are required to remove an appointee.
5. City staff may be appointed with the concurrence of the City Manager.
X. COUNCIL COMMITTEES
A. Purpose
The City Council from time to time forms committees. These committees are
formed to study, investigate, and make recommendations to the full Council
regarding specific topics. In some instances these are standing committees and in
other instances these are ad hoc committees. In order for the committees to serve
effectively, it is necessary to establish certain policies for the conduct of City
business by committees.
B. Appointment
Council committees will be appointed by the Mayor. Committee members will be
promptly notified of their selection and the scope of the committee assignment.
The Mayor will designate the term of the committee and identify whether it is a
standing appointment (on-going) or a short-term (ad hoc) assignment.
1. Standing Committee is a committee that has a continuing subject matter
jurisdiction or has a meeting schedule that is fixed by the Council.
2. Ad Hoc Committee is a committee that has a specific purpose and limited
duration, does not have a continuing subject matter jurisdiction, and does not
have a meeting schedule that is fixed by the Council.
C. Conflict of Interest
Should an appointee to a committee discover a conflict of interest with his/her
appointment to the committee, that discovery will be communicated to the Mayor
immediately.
D. Committee Meetings
Council committee meetings will be scheduled at times which allow for each
member to attend. Each member should make an effort to accommodate the
committee meeting schedule. The schedule of committee meetings will be
promptly communicated to each committee member. Individual committee
members will not meet with other citizens or organizations during a fact finding
process or other reason associated with the scope of the committee's purpose
without the knowledge of all committee members.
E. Communications
Committee members are obligated to keep all members well informed via the
Council Committee and Other Reports at Council meetings, and will not
purposely harbor or keep relevant information from other members.
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F. Committee Materials
Meeting agendas will be compiled by staff with input from each committee
member. Committee materials will be provided to each committee member. These
materials will be distributed to each committee member at the same time. Special
arrangements may be made with committee members who are out of town when
materials are distributed.
G. Committee Recommendations
Generally, committee members should reach agreement on findings and
recommendations to present to the City Council. When the opinions of committee
members are divergent, each member may submit his/her findings and
recommendations separately to the City Council. Although written minutes of
each committee meeting are not required, committee findings and
recommendations should be presented to the City Council in a written document.
H. Staffing
Councilmembers assigned to committees will observe the City Council Protocols
regarding staff assignment of duties. Only the City Manager will assign staff to
committees for the purposes of administrative services, to attend committee
meetings, and to assist with committee presentations to the City Council.
XI. CITY COMMISSIONS, COMMITTEES, AND BOARDS
A. Appointments to City Commissions, Committees, and Boards
The following procedures will be used in considering appointments by the City
Council to the various City commissions, committees, and boards which extend
for a term in excess of six (6) months:
1. All persons interested in being considered for service on a City board,
commission, or committee must have on file with the City an application
(fact -sheet) or request for reappointment indicating an interest in serving.
2. For City commissions, committees, and boards with five (5) members, each
Councilmember shall be entitled to appoint one member. All other
commissions, committees, and boards in excess of five (5) members shall be
selected by the Council as a whole on an "at -large" basis.
3. At -large nominees must receive a majority vote of the City Council
membership in order to be appointed.
4. Nominations/appointments are made on a rotation basis. Rotation order is by
seniority, based on 1) the date first elected to City Council to present
continuous period of service and 2) the number of votes received in the event
of a tie in period of service. In circumstances in which two members have the
same tenure on the City Council, the number of votes received in the election
determines the position in the sequence, with the Councilmember receiving
the highest number of votes being first. If a Councilmember is appointed to
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fill a mid-term vacancy, that Councilmember will go to the bottom of the
rotational list. The City Clerk shall keep a record of the appointments and the
Councilmembers' rotation order. The rotation order shall stay intact for future
appointments unless amended or rescinded.
5. Whenever an appointed member of a commission, committee, or board
vacates a term of office, the Councilmember who nominated/appointed said
person, or the Councilmember's successor in office, shall be entitled to make
the appointment to complete the term of office.
6. Whenever a vacancy occurs on a City commission, committee, or board, the
City Clerk shall post a notice of the vacancy notifying the public of the
vacancy to be filled and the date that applications will be considered to fill the
vacancy in compliance with the Maddy Act.
7. The City Council may establish committees, commissions, boards, or other
taskforces with a nomination/appointment process as the Council deems
appropriate.
B. Policy for Service on City Commissions, Committees, and Boards
1. Attendance
Members of commissions, committees, and boards are expected to attend
meetings on a regular and consistent basis. An automatic vacancy shall occur on a
commission, committee, or board if a member is absent from three (3)
consecutive regular meetings without cause. Cause means "illness or other
unavoidable circumstance of which the chair of the board, commission or
committee is notified prior to the meeting." The chair of the commission or
committee shall notify the City Manager promptly of all absences that are excused
for cause.
2. Removal
Each member of a board, commission, or committee created and appointed by the
City Council serves at the pleasure of the City Council. Any Councilmember may
bring forward a proposal to remove a board, commission, or committee member.
Three (3) affirmative votes of the City Council are required to remove a member
of a board, commission, or committee.
3. Role
Most commissions, committees, and boards established by the City Council are
advisory to the City Council. The role of all such commission, committee, or
board is to make recommendations to the City Council on matters affecting the
City of Rohnert Park. Except as otherwise provided in state or local law,
commissions and committees have no independent role separate and apart from
their role as advisory to the City Council. Commissions, committees, and boards
have no authority to appropriate funds or make policy except as otherwise
approved by the City Council.
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4. Conflict of Interest
All members of commissions, committees, and boards shall abide by the
provisions of the Political Reform Act of the State of California and provisions of
the common law relating to conflicts of interest.
XII. COUNCIL VACANCY
Whenever a vacancy occurs in the office of City Councilmember, the City Council
will fill the vacancy by appointment or special election in accordance with the
procedures set forth in Government Code section 36512.
XIII. USE OF CITY COUNCIL CHAMBER
A. The primary purpose of the City Council Chamber, a portion of Rohnert Park City
Hall, is for the use of the City Council, Planning Commission, other City Council
advisory bodies, and other groups and committees of the City and such other
intergovernmental or citizens groups as the City may convene.
B. A calendar of use shall be maintained by the City Clerk's office, and all requests
for use should be regularly calendared or scheduled through that office.
C. The City Council Chamber shall not be used for political or commercial purpose
except as outlined in the following paragraph:
D. The City shall allow the use of the Council Chamber for the conduct of candidate
forums for election, whether for city, county, state, or national office under the
following circumstances:
1. When the candidates' forum is sponsored by a 501(c)3 non-profit agency, a
legitimate non-partisan group, or a governmental agency.
2. When all candidates for that public office have been invited to participate, and
a majority of the candidates have indicated that they will do so.
3. When the event is chaired and moderated in an impartial and objective way
which is fair to all candidates.
E. Use of City -owned and operated television and broadcasting capability shall be
limited to broadcast of City Council, Planning Commission , and other City
advisory body meetings, for use every two years by the League of Women Voters
for a Council Candidate Forum, and for City -related emergency or informational
purposes as authorized by the City Manager. Use of the video broadcasting
system by an outside agency is not allowed except with the permission of the City
Council at least two weeks prior to the event. If such use is granted it is subject to
appropriate personnel — equipment — overhead charges as established by the City
Manager.
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F. Approval for use of City Council Chamber for uses other than the above would
have to be approved by the City Council at least two weeks prior to the event.
XIV. FAILURE TO OBSERVE COUNCIL PROTOCOLS
These protocols are adopted to expedite the transaction of the business of the Council
in an orderly fashion and are procedural only and the failure to strictly observe such
rules does not affect the jurisdiction of the Council or invalidate action taken at a
meeting that is otherwise held in conformity with law.
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XV. APPENDIX
DE }c: timent Description
Resolution No. 2010-47 - Establishing the Start Time for Regular Mee
's Rules of Order
Resolution No. 97-32 — Code of Ethics
Resolution No. 2006-206 — Expense Reimbursement and Use of Public Resources
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