|
|
CHAPTER 4
CITY OFFICES – COUNCIL
CHAMBERS – MEETINGSSections:
§ 2400 Council Chambers.
§ 2401 City Offices.
§ 2402 City Offices – Hours.
§ 2403 Council Meetings. «Amended section»
§ 2404 Presenting Matters to Council – Agendas. «Amended section»
§ 2405 Order of Business. «Amended section»
§ 2406 Presiding Officer.
§ 2407 Duties of Presiding Officer.
§ 2408 Quorum.
§ 2409 Rules of Debate and Procedure. «Amended section»
§ 2410 Addressing the Council.
§ 2411 Addressing Council After Motion Is Made.
§ 2412 Manner of Addressing Council.
§ 2413 Decorum.
§ 2414 Voting Required – Disqualification.
§ 2415 Roll Call Vote.
§ 2416 Councilmembers to Avoid Improper Consideration of Pending or Contemplated Matters.
§ 2417 Preparation and Introduction of Ordinances, Resolutions and Other Matters.
§ 2418 Robert’s Rules of Order. «Amended section»
§ 2450 Code of Ethics. «Amended section»
§ 2400 Council Chambers.
The Council Chambers of the City Council of the City of Carson shall be located at 701 East Carson Street. Meetings of the City Council shall be held in the Council Chambers, except that meetings, after commencement in said Council Chambers, may be recessed by majority vote of the Council and public announcement then and there given to continue at a specified place within the City limits when necessary or convenient for the transaction of Council business; provided, that any such meeting shall be concluded, or any adjournment ordered, in said Council Chambers. (Ord. 2, § 2400; Ord. 14, § 1; Ord. 69-63, § 1; Ord. 76-376U, § 1)
§ 2401 City Offices.
The offices of all agencies, departments, officers and employees of the City shall be located at 701 East Carson Street in the City of Carson. The location of City offices may be changed by resolution of the City Council or by amendment of this Section. (Ord. 2, § 2401; Ord. 41, § 1; Ord. 69-105, § 1; Ord. 69-108, § 1; Ord. 76-367U, § 1)
§ 2402 City Offices – Hours.
The City offices of the City of Carson shall be closed on all official State holidays as listed in Section 6700 of the California Government Code. Said City offices shall be open to the public for business on all other days of the year except Fridays, Saturdays, and any other days established by Resolution of the City Council. The City office hours shall be from 7:00 a.m. to 6:00 p.m. (Ord. 2, § 2402; Ord. 69-108, § 2; Ord. 90-930, § 1; Ord. 91-960U, § 1; Ord. 91-960, § 1)
§ 2403 Council Meetings.
A. Regular Meetings. Regular meetings of the City Council shall be held on the first and third Tuesday of each month at the hour of 5:00 p.m. If any such day is on a holiday, then the meeting shall be held on the next succeeding day which is not a holiday. If any such day is a Statewide election day or a regular municipal election day, then the meeting shall be held on the next succeeding day or on such other day as determined by the City Council. At the second regular meeting in March of each year, except as otherwise provided by law, the Council shall organize and select a Mayor Pro Tempore.
B. Special Meetings. The Council shall hold special meetings when called by order of the Mayor, or in the absence of the Mayor by the Mayor Pro Tempore, or by a majority of the Council. All meetings shall be in the Council Chambers or the adjacent Council Conference Room in the City Hall unless otherwise determined by the Council; any other place of meeting shall be shown in the notice of meeting.
C. Closed Sessions. Closed sessions held pursuant to law shall be subject to the provisions of CMC 2407, 2408, 2409, 2413(A), 2414, and all other applicable provisions of this Chapter. Prior to holding a closed session regarding pending litigation, a statement shall be made as to which subdivision of Government Code Section 54956.9 it is pursuant. Upon the Council’s return to the open meeting following the closed session, the presiding officer or designee shall publicly announce the action taken in the closed session terminating or disposing of the matter acted upon in accordance with the action and direction of the Council, except closed sessions regarding pending litigation after which the City Attorney shall prepare and submit a memorandum pursuant to Government Code 54956.9.
D. Notice of Meeting. Notice of all special meetings shall be given by the City Clerk to all members of the Council, to the City Attorney, to the City Administrator and to representatives of all newspapers and radio stations which have so requested in writing, and a copy thereof shall be posted in one (1) public place designated by the City Council that is freely accessible to members of the public. All such notices shall be given in writing at least twenty-four (24) hours prior to the time of such meeting and shall specify the time and place of the special meeting and the business to be transacted. Any such notice may be waived by a member of the City Council, by filing with the City Clerk a written waiver of notice at or prior to the time of the meeting. Such waiver may be given by telegram. Attendance at the time and place specified shall be deemed a waiver of notice of such meeting. (Ord. 2, § 2403; Ord. 36, § 1; Ord. 69-63, § 2; Ord. 70-131; Ord. 72-236, §§ 1, 2; Ord. 77-400, § 1; Ord. 77-415, § 1; Ord. 79-462, § 1; Ord. 87-818, § 1; Ord. 95-1053, § 1; Ord. 98-1144, § 1; Ord. 01-1226, § 1)
§ 2404 Presenting Matters to Council – Agendas.
(a) Every Councilmember, elected official, department head, Official Board, Commission or other body connected with the City Government, and every citizen, individual, corporation, committee, or civic group having reports, communications, proclamations, resolutions or any other matter of business to be presented at a Council meeting, shall notify the City Manager of the fact in writing before 12:00 noon on the Wednesday preceding the day of such meeting. The City Manager shall determine which of such items, other than those requested by a Councilmember, are to be placed on the agenda. All items requested to be placed on an agenda by a Councilmember shall appear on the agenda, except that the City Manager shall place no item on the agenda, including those requested by a member of the City Council, without a brief general description of the item for inclusion in the agenda.
(b) The City Manager shall prepare an agenda including all such matters according to the Order of Business (CMC 2405). In order to provide adequate time for members of the Council to request deletion or addition of agenda items in accordance with subsection (d) of this Section, the City Manager shall distribute a preliminary draft of the agenda to each member of the Council by 6:00 p.m. on Tuesday of the week preceding the Council meeting. Prior to circulation and posting of the final agenda, the City Clerk shall review the agenda for completeness. The City Manager shall deliver to members of the Council a complete copy of such final agenda not later than 5:00 p.m. on the Thursday preceding the meeting. The agenda shall contain a brief, general description of each item of business to be transacted or discussed at the meeting. The agenda shall specify the time and location of the meeting and a copy thereof shall be posted on a business day at least seventy-two (72) hours before the meeting in a location that is freely accessible to members of the public and designated by the Council.
(c) No matters, other than those on the agenda, shall be acted upon by the Council; provided, however, that the City Council may take action on a matter not appearing on the posted agenda (1) upon a determination by a majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; or (2) upon a determination by a two-thirds (2/3) vote of the Council, or if less than two-thirds (2/3) of the members are present, a unanimous vote of the members present, that the need to take action arose subsequent to the posting of the agenda for the meeting.
(d) Any Councilmember may remove an item from the agenda, except an item requested by a Councilmember, by placing written notice in the office of the City Manager and each Councilmember prior to 5:00 p.m., on the Wednesday preceding the Council meeting. Any Councilmember may thereafter have the matter included on the agenda by requesting the City Manager in writing prior to 9:00 a.m. on the Thursday preceding the meeting to include said item on the agenda. No item may be removed from the agenda after 12:00 noon on the Thursday preceding the meeting except by a vote or consent of the City Council at the meeting for which the agenda was prepared.
(e) At a Council meeting, any member of the Council may, at the beginning of the meeting under the agenda item for approval of the agenda or when the agenda item is reached during the meeting, request that such item be continued to the next regular meeting or to an adjourned regular meeting, so as to allow additional evaluation, study and staff discussion. As a matter of courtesy to that Councilmember, the Council has traditionally honored that request. However, a majority of the members of the Council may, when deemed to be in the interest of the majority, act on any item listed on an agenda notwithstanding the request for continuance by an individual Councilmember. (Ord. 2, § 2404; Ord. 72-236, § 2; Ord. 74-286, § 1; Ord. 77-402, § 1, Ord. 81-573, § 1; Ord. 87-818, § 1; Ord. 90-920U, § 1; Ord. 90-920, § 1; Ord. 00-1197, §§ 1, 2)
§ 2405 Order of Business.
A. Attendance at Council Meetings and Order of Business. All meetings of the City Council shall be open to the public except as otherwise provided by law. Promptly at the hour set on the day of each regular or special meeting, the members of the Council, and unless excused by the City Council, the City Manager, the City Clerk, and the City Attorney, shall take their assigned stations in the Council Chambers and on the day of each regular meeting, the business of the Council shall be taken up for consideration and disposition in the order established by resolution of the City Council, unless such order or category is otherwise ordered by the Mayor with the approval of the Council.
B. Oral Communications. The oral communications portion of the agenda is the point in the Council meeting where individuals or groups may make brief comments regarding items that are not on the agenda but are within the subject matter jurisdiction of the Council. Although individual Councilmembers may provide brief responses to the oral communications, the Council may not discuss or take any action on matters raised during oral communications except as provided by State law and CMC 2404(c). (Ord. 72-236, § 2; Ord. 87-818, § 1; Ord. 90-920U, § 2; Ord. 90-920, § 2; Ord. 01-1226, § 2; Ord. 01-1234, § 1)
§ 2406 Presiding Officer.
The Mayor, or in his absence the Mayor Pro Tempore, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor and the Mayor Pro Tempore, the City Clerk or Deputy City Clerk shall call the Council to order, whereupon a temporary chairman shall be selected by the members of the Council present. Upon the arrival of the Mayor or Mayor Pro Tempore, the temporary chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. (Ord. 72-236, § 2)
§ 2407 Duties of Presiding Officer.
The Presiding Officer shall open all regular and special meetings of the Council by taking the chair and calling the members to order. He shall state each question before the Council in the order in which it is to be acted upon, recognize members entitled to the floor, state and put to vote all questions which are regularly moved or which arise in the course of the proceedings and announce the decision of the Council on all subjects. He shall decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. The Presiding Officer shall authenticate, by his signature, when necessary, all the acts, orders, and proceedings of the Council. (Ord. 72-236, § 2)
§ 2408 Quorum.
A majority of all the members elected to the Council shall constitute a quorum at any regular or special meeting of the Council. When there is no quorum, the Mayor Pro Tempore or any member of the Council shall adjourn such meeting, or if no member of the Council is present, the City Clerk shall adjourn the meeting. (Ord. 72-236, § 2)
§ 2409 Rules of Debate and Procedure.
(a) The Presiding Officer or such other member of the Council as may be presiding may move, second and debate from the chair subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilman by reason of his acting as the Presiding Officer.
(b) Getting the Floor. Every member desiring to speak shall address the Chair, and, upon recognition by the Presiding Officer, shall confine himself to the question under debate, avoiding all personalities and indecorous language.
(c) Interruptions. A member, once recognized, shall not be interrupted when speaking, unless it be to call him to order, or as herein otherwise provided. If a member, while speaking, be called to order, he shall cease speaking until the question of order be determined, and, if in order, he shall be permitted to proceed.
(d) Closing Debate. Debate shall be closed by a motion calling for the ‘previous question.’ When seconded, such motion is undebatable and if carried the pending question shall be immediately put to a vote. If the motion fails, debate may be reopened.
(e) Motion. A motion shall have a second before it is properly before the City Council for debate.
(f) Motion to Reconsider. A motion to reconsider any action taken by the Council may be made on the day the vote to be considered was taken or at the next succeeding meeting or at a recessed or adjourned meeting thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member; it may be made at any time and have precedence over all other motions; it shall be debatable. After a motion for a reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent of the Council.
(g) Motions to be Stated by Presiding Officer. When a motion is made, it shall be stated by the Presiding Officer before debate. Any member may demand that it be put in writing.
(h) Withdrawal of Motion. A motion may be withdrawn by the mover with the consent of the Council.
(i) Amendments. It shall be in order to amend a motion at any time that it is properly before the Council but not after a call for the previous question has been moved. A motion to amend an amendment is in order, but one to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment on a different matter shall not be in order. A substitute motion on the same subject is acceptable provided that a substitute motion which merely states the converse of the main motion shall not be in order. There shall be only one (1) amendment to a main motion pending at any time. This first degree amendment may have one (1) amendment pending at one time. As each is voted, other amendments may be offered in succession. On a motion to amend to ‘strike out and insert,’ before the vote on the motion is taken, the paragraph to be amended shall first be read as it stands, then the words proposed to be stricken and those to be substituted shall be read, and finally the paragraph as it would stand if so amended shall be read.
(j) Motion to Lay on Table. A motion to lay on the table shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority and with the consent of two-thirds (2/3) of the members present.
(k) Motion to Postpone. A motion to postpone indefinitely is fully debatable and if the same is adopted, the principal question shall be declared lost. A motion to postpone to a definite time is amendable and debatable as to propriety and time set.
(l) Motion to Refer. A motion of “refer” is not debatable except as to time or place of the referral.
(m) Motion to Rescind. A motion to rescind an action if permissible pursuant to law may be made at any time, is debatable, and may be amended.
(n) Motion to Adjourn. A motion to adjourn is not debatable and is in order at any time except as follows:
a. When repeated without intervening business or discussion.
b. When made as an interruption of a member while speaking.
c. When the previous question has been ordered.
d. While a vote is being taken.
A motion to adjourn is debatable only as to the time to which the meeting is to be adjourned.
(o) Remarks of Councilmen. Unless otherwise directed by the Presiding Officer, remarks and/or debate shall not be entered into the minutes. A Councilman may request the privilege of having an abstract of his statement on any subject under consideration by the Council entered into the minutes. If the Council consents thereto by a majority vote, such abstract shall be entered into the minutes.
(p) Council Action on Certain Routine, Procedural and Unanimous Consent Matters. When a motion has been duly made and seconded on a matter which is routine or procedural, the Council unanimously concurs therein and a roll call vote is not required by law or this Code nor requested by any member of the Council, the presiding officer may state in substance: “There be no objection, it is so ordered.” No objection being stated, the action shall be deemed to have been taken by unanimous voice vote of the Council and the City Clerk shall record such action in the minutes of the meeting. (Ord. 72-236, § 2)
§ 2410 Addressing the Council.
Any person desiring to address the Council shall first secure the permission of the Presiding Officer to do so; provided, however, that under the following headings of business, any qualified and interested person may address the Council upon obtaining the recognition of the Presiding Officer:
A. Written Communications. Interested parties or their authorized representatives may direct written communications to the Council in regard to matters then under discussion.
B. Oral Communications. Members of the public may address the Council by oral communications on any matter within the subject matter jurisdiction of the City Council, at such place in the agenda as may be designated by the City Council; provided, however, that preference shall be given to those persons who notify the City Administrator in advance of their desire to speak in order that the same may appear on the agenda of the Council. The City Council may limit the time allowed for each member of the public to address the Council as reasonably necessary to enable the Council to conduct its business.
C. Public Hearings. When the Presiding Officer opens the public testimony portion of a public hearing item, interested persons or their authorized representatives may present evidence and address the Council extemporaneously, or by reading protests, petitions, or communications in regard to matters then under consideration, subject at all times to the maintenance of order by the Presiding Officer and compliance with the time limits set forth in CMC 2412 unless otherwise specified by the Presiding Officer. All public testimony on public hearing items shall be given during the public testimony portion of the public hearing item. After the close of the public testimony portion for the public hearing, no member of the general public shall be entitled to speak or present any other evidence or communications on the item. (Ord. 72-236, § 2; Ord. 87-818, § 1; Ord. 01-1226, § 3)
§ 2411 Addressing Council After Motion Is Made.
When a motion is pending before the Council, no person other than a Councilmember shall address the Council without first securing the permission of the presiding officer to do so. (Ord. 72-236, § 2)
§ 2412 Manner of Addressing Council.
A. Protocol. Each person desiring to address the Council is requested to fill out a speaker card and to give that card to the City Clerk. The use of speaker cards is for the purpose of ensuring that a speaker’s name is entered correctly in the minutes of the Council meeting. Speaker cards are to be submitted to the City Clerk prior to the commencement of the meeting but no later than the point in the meeting when the item about which the speaker desires to speak is reached on the agenda and announced by the Presiding Officer. When his or her name has been called by the Presiding Officer, he or she shall step up to the audience podium, state his or her name in an audible tone of voice for the record, and, unless further time is granted by the Council, shall limit his or her comments to three (3) minutes. Except as authorized in subsection B of this Section, no person shall be permitted to yield additional time to the speaker. All remarks shall be directed to the Council as a body and not to any member thereof or the audience. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Councilmember except through the Presiding Officer.
B. Spokesperson for Group of Persons. Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council. When a spokesperson is chosen, that spokesperson may be yielded time from up to three (3) additional persons who have turned in speaker cards to the City Clerk, unless a greater or lesser time to speak is designated by the Presiding Officer. In such cases, the spokesperson shall use the additional time to present additional data or argument from the group so as to limit the number of persons required to speak and avoid unnecessary repetition. (Ord. 72-236, § 2; Ord. 01-1226, § 4)
§ 2413 Decorum.
A. By Councilmembers. While the Council is in session, the members must preserve order and decorum, and a member shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member while speaking, nor refuse to obey the orders of the Council or the Presiding Officer, except as may be otherwise provided.
B. By Other Persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the Council may be forthwith, by the Presiding Officer, barred from further audience at said meeting before the Council, unless permission to continue be granted by a majority vote of the Council.
C. Enforcement. Any law enforcement officer on duty, or whose services are commanded by the Presiding Officer, shall be Sergeant-at-Arms of the Council meetings. He, or they, shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instructions of the Presiding Officer, it shall be the duty of the Sergeant-at-Arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest, and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the Presiding Officer. (Ord. 72-236, § 2)
§ 2414 Voting Required – Disqualification.
Any disqualified member shall openly state or have the Presiding Officer announce the fact and nature of such disqualification in open meeting, and shall not be subject to further inquiry.
A member who is disqualified by conflict of interest in any matter shall not remain in the Chamber during the debate and vote on such matter, but shall request and be given the Presiding Officer’s permission to absent himself. 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. Any member having a remote interest in any matter as provided in the Government Code shall divulge the same before voting. (Ord. 72-236, § 2)
§ 2415 Roll Call Vote.
A roll call vote shall be taken upon the adoption of all ordinances and be entered upon the minutes of the proceedings of the Council. Upon request of any member, a roll call vote shall be taken and recorded on any vote. Whenever a recorded or roll call vote of the Council is in order, the City Clerk shall call the names of the members in alphabetic order, with the Mayor voting last in every case. (Ord. 72-236, § 2)
§ 2416 Councilmembers to Avoid Improper Consideration of Pending or Contemplated Matters.
A. Fair Hearings. Members of the Council shall exercise care to avoid discussion or listening to a discussion of the facts of any matter which by law requires evidence to be taken at a public hearing and findings of fact to be made by the City Council while such matter is pending before the City Council, except in a public hearing before the Council. The Council shall exercise like care as to any such matter which is pending before an agency of the City and which is expected to be the subject of public hearing by the City Council.
B. Open Mind. No member of the Council shall pledge or promise to vote in a certain way on any such matter. (Ord. 72-236, § 2)
§ 2417 Preparation and Introduction of Ordinances, Resolutions and Other Matters.
A. Preparation of Ordinances. All ordinances shall be prepared in final form by the City Attorney. Ordinances may be requested of the City Attorney by a majority vote of the Council, or requested by any member of the City Council or by the City Administrator. In addition the City Attorney may recommend ordinances on his own initiative.
B. Prior Approval of Ordinances. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney or his authorized representative, and, where there are substantive matters of administration involved, shall have been examined and approved as to such matters by the City Administrator or his authorized representative.
C. Introduction and Adoption of Ordinances and Resolutions. All ordinances shall be read in full either at the time of introduction or passage except when, after reading by title, further reading is waived by regular motion and adopted by majority vote of all Councilmembers present.
Resolutions which have been prepared in writing and distributed to the members of the Council need not be read in full nor shall a motion waiving further reading be required after reading of the resolution number and title except resolutions for the payment of money. Any member may call for a roll call vote or demand that a resolution be read in full.
When a resolution has not been prepared in advance, the resolution may be presented verbally in motion form together with the instruction for the written preparation and later execution. (Ord. 72-236, § 2; Ord. 96-1086, § 1)
§ 2418 Robert’s Rules of Order.
In all matters and things not otherwise provided for herein, the proceedings of the Council shall be governed by “Robert’s Rules of Order,” 1990 (9th) Edition. However, no ordinance, resolution, proceedings or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said Rules. (Ord. 2, § 2405; Ord. 72-236, § 2; Ord. 96-1086, § 2)
|
|