2-1
CITY COUNCIL:
2-1.1 Reserved:
2-1.2 Meetings Of The City Council1:
a. Time And Days For Regular Meetings. The regular closed session meetings of the city council shall be held on the first and third Tuesdays of each month at five o’ clock (5:00) P.M. and the regular session at six o’clock (6:00) P.M. of the same date; however, when a meeting day falls upon a legal holiday, then the meeting shall be held on the next succeeding day that is not a legal holiday; unless the regular meeting is duly cancelled.
b. Location Of Council Meetings. All meetings of the city council, regular or special, shall be held in that certain building designated as 11350 Bullis Road, which building is known as the “City Hall Annex of the City of Lynwood,” except that the city council may provide that an emergency exists, for other good and sufficient reason, in the discretion of the city council, and that the meeting be adjourned to some public place outside the council chambers and the Annex with sufficient space and facilities to accommodate all persons desiring to hear and to be heard. (Code 1972 §§2-2, 2-3; Ord. #1651, §1; Ord. #1705, §1)
2-1.3 Reimbursement Of Expenditures:
a. City councilmembers may be reimbursed for actual and necessary expenses incurred in the performance of their official duties.
b. Members of the city council shall be reimbursed for expenses incurred by them in the use of their personal vehicles and for media use in the performance of their duties in the sum set by resolution of the city council, including Resolution No. 2008.071, as such resolution may be amended from time to time.
c. In addition to the salary and the reimbursement for expenses heretofore established, city councilmembers may be reimbursed for actual and necessary expenses incurred in the performance of their official duties as authorized by the city council to the extent that said actual and necessary expenses exceed the amount previously fixed and authorized by the city council. (Code 1972 §2-10; Ord. #1026, §§1-3; Ord. #1071, §1; Ord. #1080, §1; Ord. #1103, §1; Ord. #1206, §1; Ord. #1210, §1; Ord. #1243, §§1, 2; Ord. #1269, §1; Ord. #1304, §1; Ord. #1341, §1; Ord. #1651, §2)
2-1.4 Compensation Of City Councilmembers:
a. In accordance with section 36516 of the California Government Code, each member of the city council will receive as salary the sum of nine hundred seventy-five dollars ($975.00) per month.
b. The salary fixed by this subsection is payable at the same time and in the same manner as salaries are paid to other officers and employees of the city. (Ord. #1414, §1; Ord. #1651, §3; Ord. #1655, §1)
2-1.5 Rules Of Decorum For City Council Meetings:
a. Decorum: Meetings of the city council shall be conducted in an orderly manner to ensure that the public has full opportunity to be heard and that the deliberative process of the city council is retained at all times. In discussion of any issue before the city council, members of the public and of the council must confine themselves to the question before the council. The presiding officer of the city council shall be responsible for maintaining order and decorum at council meetings. Any councilmember may make a motion for a vote to censure or for a vote for removal or ejection as set forth herein.
b. Rules Of Decorum: While any meeting of the city council is in session, the following rules of order and decorum shall be observed:
1. Councilmembers: The members of the city council shall preserve order and decorum and shall strictly abide by these rules of decorum. A member shall not by conversation, by the utterance of loud, threatening, profane or abusive language, or by engaging in any other disorderly conduct at any city council meeting delay or interrupt the city council proceedings. Dilatory conduct, which includes, but is not limited to, a councilmember’s persistence in discussing an agenda item or any other matter before the council after the matter has been called to a vote, shall constitute a violation of this subsection. A violation of these rules of decorum by a councilmember shall be subject to the following enforcement provisions:
(a) Vote Of Censure: Any councilmember who reasonably believes that another councilmember is violating these rules of decorum shall be allowed to make a motion calling for a vote of censure by identifying the councilmember, and that councilmember’s speech, actions or behavior, that he/she believes constitutes such violation. Upon such motion, all councilmembers present shall immediately vote on the motion and state whether they agree that the identified speech, actions or behavior actually constitutes a violation and justifies a vote of censure. If a majority of the Councilmembers present vote for censure, then that vote shall be duly noted by the City Clerk and the subject of that vote shall have two (2) minutes to make a rebuttal stating why the vote should be overturned. After such rebuttal any Councilmember shall be entitled to make a motion to overturn the vote to censure. If such motion is approved by a majority vote of those Councilmembers present, then the City Clerk shall remove such censure from the record. Motions to overturn a vote of censure may only be made at the meeting at which the vote of censure was made. This subsection b1(a) contemplates no other administrative remedy to a vote of censure other than the two (2) minute rebuttal.
(b) Fines For Censure: Any Councilmember who receives a vote of censure shall be subject to a one hundred dollar ($100.00) fine per censure. Such fine(s) shall be paid to the City Clerk within thirty (30) days of the date imposed. Failure to pay such fine(s) within sixty (60) days shall give rise to a civil action by the City for collection, or shall be deducted or offset from the Councilmember’s compensation or per diem entitlements.
(c) Removal: Any Councilmember who receives three (3) votes of censure during a City Council meeting, in addition to the attendant fines, shall also be subject to a vote, upon motion by any member, by a majority of the City Council present, to remove such offender from the City Council meeting. If a majority of the City Council votes for removal, then the subject of that vote shall have two (2) minutes to make a rebuttal stating why the vote should be overturned. After such rebuttal any Councilmember shall be entitled to make a motion to overturn the vote to remove. If such motion is approved by a majority vote of those Councilmembers present, then the City Clerk shall remove such vote from the record. If the vote to remove is not overturned, then such vote shall remain part of the administrative record. Motions to overturn a vote of removal may only be made at the meeting at which the vote of removal was made. If the offending Councilmember, or member of the public does not leave voluntarily, the presiding officer may order any law enforcement officer who is on duty at the City Council meeting as sergeant at arms to remove the offender from the City Council chambers. It shall be the duty of any law enforcement officer who is serving as sergeant at arms at the City Council meeting to carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum, including the removal of disruptive Councilmembers and/or members of the public.
(d) Resisting Removal; Penalty: Any Councilmember or member of the public who resists removal by the sergeant at arms shall be guilty of a misdemeanor.
(e) Motion To Enforce: If the presiding officer of the City Council fails to enforce the rules set forth above, any member of the City Council may move to require the presiding officer to do so, and an affirmative vote of a majority of the City Council shall mandate such action. If the presiding officer fails to carry out the will of a majority of the City Council the majority may designate another member of the City Council to act as the presiding officer for the limited purpose of enforcing any provision of this Subsection which it desires to enforce.
2. City Staff Members: Employees of the City shall observe the same rules of order and decorum as those applicable to the members of the City Council.
3. Persons Addressing The City Council: The primary purpose of oral communications is to afford citizens the opportunity to communicate formally with the City Council, as a body, on agenda items or on matters of local concern. Each person who addresses the City Council shall do so in an orderly manner and shall not make impertinent or profane remarks to any member of the City Council, City staff or the general public. Any person who makes such remarks, or who utters loud, threatening or abusive language, or who engages in any other disorderly conduct at any City Council meeting shall be subject to removal or ejection from the City Council meeting.
4. Members Of The Audience: No person in the audience at a City Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, whistling, stamping of feet or other acts which disturb, disrupt or otherwise impede the orderly conduct of any City Council meeting. Any person who conducts himself/herself in such manner shall be subject to removal or ejection from the City Council meeting.
c. Addressing The City Council: A person wishing to address the City Council regarding an item which is on the City Council meeting agenda shall submit a request on the form provided, or such person may seek recognition from the presiding officer prior to or during discussion of any such item. Persons wishing to discuss a nonagenda item may seek recognition from the presiding officer during the second “public oral communications” portion of the meeting. No person shall address the City Council without first being recognized by the presiding officer. Persons addressing the City Council shall observe the following procedures:
1. Each person shall step to the podium provided for the use of the public and shall state his or her name and address; the organization, if any, which is represented; and if during the first “public oral communications” portion of the meeting, the agenda item desired to be discussed.
2. During the first “public oral communications” portion of the meeting, any subject discussed which the city council determines is not relevant to an agenda item shall be concluded.
3. Each person addressing a specific city council agenda item shall confine his or her remarks to such agenda item.
4. The remarks of each person addressing nonagenda items shall be limited to three (3) minutes, unless additional time is granted by the presiding officer.
5. All remarks shall be addressed to the city council as a whole and not to any single member thereof, unless in response to a question from such member.
6. No question may be asked of a member of the city council or of the city staff without permission from the presiding officer.
d. Robert’s Rules Of Order: City council proceedings shall be governed by “Robert’s Rules Of Order, Newly Revised”, ninth edition, except for those matters and issues specifically governed by this code. If there is a conflict between “Robert’s Rules Of Order, Newly Revised”, ninth edition, and this code regarding any issue relating to city council meeting procedures, these code provisions shall prevail and control. No ordinance, resolution, proceeding or other action of the city council shall be invalidated, or the legality thereof otherwise affected, by the failure to observe or follow said rules.
e. Enforcement Of Audience Decorum: The rules of decorum set forth above as they pertain to members of the audience, including persons addressing the city council, shall be enforced in the following manner:
1. Warning: The presiding officer shall request that a person who is violating the rules of decorum conduct himself or herself in a respectful and orderly manner. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order such person to leave the city council meeting. If such person does not leave voluntarily, the presiding officer may order any law enforcement officer who is on duty at the city council meeting as sergeant at arms to remove that person from the city council chambers.
2. Removal: Any law enforcement officer who is serving as sergeant at arms at the city council meeting shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum. Upon instruction of the presiding officer shall be the duty of the sergeant at arms to remove from the city council meeting any person who is disturbing the proceedings of the city council.
3. Resisting Removal; Penalty: Any person who resists removal by the sergeant at arms shall be guilty of a misdemeanor.
4. Motion To Enforce: If the presiding officer of the city council fails to enforce the rules set forth above, any member of the city council may move to require the providing officer to do so, and an affirmative vote of a majority of the city council shall require such action. If the presiding officer fails to carry out the will of a majority of the city council, majority may designate another member of the city council to act as presiding officer for the limited purpose of enforcing any provision of this subsection which it desires to enforce.
5. Adjournment: If a meeting of the city council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be adjourned or continued by the presiding officer or a majority of the city council, and any remaining city council business may be considered at the adjourned or continued meeting. In the alternative, a majority of the city council may clear the meeting room and continue in session pursuant to Government Code section 54957.9. (Ord. #1480, §1)
2-1.6 Limitation On Consecutive Terms:
2-1.6.1 Purpose:
The purpose of this subsection 2-1.6 is to promote a democratic system of fair elections and encourage qualified candidates to seek public office by limiting the powers of incumbency by placing limitations upon the number of consecutive terms which may be served by any member of the city council. (Res. 2008.124, §2; Res. 2008.196, §4)
2-1.6.2 Term Limits Of City Council:
No person shall serve more than two (2) consecutive terms on the Lynwood city council. The completion of any unexpired term to which such person was elected or appointed shall not be considered a term for the purposes of this subsection. Any elected official who has served two (2) consecutive terms shall not be reelected as a member of the city council. (Res. 2008.124, §2; Res. 2008.196, §4)
2-1.6.3 Prospective Application:
This subsection 2-1.6 shall apply prospectively, beginning with the terms of office commencing after the city’s regularly scheduled election in November 2009, so that a person taking office after said election shall be prohibited from serving more than two (2) consecutive terms thereafter. (Res. 2008.124, §2; Res. 2008.196, §4)
2-1.7 Code Of Ethics:
a. Purpose: The city of Lynwood hereby adopts this code of ethics for members of the city council and the city’s commissions, boards and committees (collectively “members”) so that the citizens of the city receive fair, ethical and accountable government, with adherence to both the spirit and the letter of the law affecting governmental operations. Nothing in the code of ethics is intended to limit or otherwise infringe on the first amendment rights of free speech or association of public officials, or to conflict with any federal, state or local laws.
b. Distribution Of Code Of Ethics: This code of ethics shall be included in the regular orientations for candidates for city council, application packets to commissions, boards, and committees, and given to newly elected and appointed officials. Members entering office shall sign a statement affirming they read and understood the city of Lynwood code of ethics. In addition, the code of ethics shall be periodically reviewed and updated by the city council upon recommendations from commissions, boards, committees, and the citizens of Lynwood.
c. Adherence To Principles: All members shall strive to adhere to the principles set forth in the code of ethics. If it appears that any member has not or is not adhering to the principles in this code of ethics, a hearing may be held by the city council to discuss whether action should be taken. No hearing may be held, unless: 1) the hearing is requested by two (2) members of the city council, 2) the person who is the subject of the hearing is given thirty (30) days’ advance notice of the hearing, which notice shall describe the facts and reason for the hearing. The person who is the subject of the hearing shall be afforded all appropriate due process, including a meaningful opportunity to respond to allegations before any action is taken pursuant to subsection 2-1.7d.
d. Actions Against Members: If, after a hearing described in subsection 2-1.7c, the council wishes to take action in response to any violation of the code of ethics, such action may include a public admonishment, a resolution of censure, a forfeiture of the member’s per diem, removal of the member from the commission, board or committee on which he or she serves (does not apply to members of the council), or any other action reasonably related to ensuring that member does not engage in future code of ethics violations; provided further, that such action is consistent with all federal, state and local laws. The council may adopt a policy of progressive remedies starting with warnings and increasing to more serious penalties to deter or prevent future violations.
e. Code Of Ethics: The following principles shall constitute the Lynwood code of ethics, applicable to all members of the city council and the city’s commissions, boards and committees:
1. Act In The Public Interest: Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Lynwood and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Lynwood city council, commissions, boards and committees.
2. Comply With The Law: Members shall comply with the laws of the nation, the state of California and the city of Lynwood in the performance of their public duties. These laws include, but are not limited to: the United States and California constitutions; the Lynwood municipal code; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government. Members shall also comply with all applicable city policies and procedures.
3. Conduct Of Members: The professional and personal conduct of members must be above reproach and should take steps to avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of council, commissions, boards and committees, the staff or public.
4. Respect For Process: Members shall perform their duties in accordance with the processes and rules of order established by the city council and commissions, boards, and committees governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the city council by city staff.
5. Incompatible Employment: No elected or other public official shall engage in or accept private employment, or render services for private interests, when such employment or service is incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performance of his/her official duties.
6. Use Of Public Property: No official shall request or permit the use of city owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally, and in the same manner as available to the public, or are provided as municipal policy for the use of such official in the conduct of official business. No official shall use the time of any city employee during working hours for personal purposes.
7. Contracts With City: Any council member or public official shall not have a financial interest in any business transaction, or contract with the city, or in the sale of real estate, materials, supplies or services to the city, except as permitted in the conflict of interest statutes of the state2.
8. Disclosure Of Interest In Legislation: A council member who has a financial or other private interest in any legislation shall disclose on the records of the council or other appropriate authority the nature and extent of such interest.
9. Conduct Of Public Meetings: Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus their attention on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or interfering with the orderly conduct of meetings. Members shall not engage in discussions, communications or other activities that detract their attention in a manner that may prevent them from affording applicants and other interested parties due process at any public hearing.
10. Decisions Based On Merit: Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.
11. Communication: Members shall publicly share substantive information that is relevant to a matter under consideration by the council or commissions, boards, and committees, which they may have received from sources outside of the public decision-making process.
12. Conflict Of Interest: In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest, or where they have an organizational responsibility or personal relationship which may give the appearance of a conflict of interest.
In accordance with the law, members shall disclose investments, interests in real property, sources of income and gifts; and abstain from participating in deliberations and decision making where conflicts, as determined under applicable laws, may exist.
13. Confidential Information: Members shall respect the confidentiality of information concerning the property, personnel or affairs of the city. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial or other private interests.
14. Representations Of Private Interests: In keeping with their role as stewards of the public interest, members of the council shall not appear on behalf of the private interests of third parties before the council or any commission, board, committee, or proceeding of the city, nor shall members of commissions, boards, and committees appear before their own bodies or before the council on behalf of the private interests of third parties on matters related to the areas of service of their bodies.
15. Advocacy: Members shall represent the official policies or positions of the council, commission, board, or committee to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the city, nor shall they allow the inference that they do. When representing the city while serving on or appearing before other government agencies or in court, members shall advocate policies which are in the best interest of the city over their own personal interests.
16. Policy Role Of Members: Members shall respect and adhere to the council-manager structure of Lynwood city government. In this structure, the council determines the policies of the city with the advice, information and analysis provided by the public, commissions, boards, and committees, and city staff.
Consistent with subsection 2-2.8, individual members therefore shall not interfere with the administrative functions of the city or the professional duties of city staff; nor shall they impair the ability of staff to implement council policy decisions.
Councilmembers shall not attend internal staff meetings or meetings between city staff and third parties unless invited by city staff or directed by council to do so.
17. Independence Of Commissions, Boards, And Committees: Because of the value of the independent advice of commissions, boards, and committees to the public decision making process, members of council shall refrain from using their position to unduly influence the deliberations or outcomes of board or commission proceedings.
18. Positive Workplace Environment: Members shall support the maintenance of a positive and constructive workplace environment for city employees and for citizens and businesses dealing with the city. Members shall recognize their special role in dealings with city employees to in no way create the perception of inappropriate direction to staff.
19. Gifts And Favors: Members shall not take any special advantage of their public office to access services or opportunities for personal gain that are not available to the general public. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise or appear to compromise their independence of judgment or action.
20. Use Of Public Resources: Members shall not use public resources not available to the general public, such as city staff time, vehicles, equipment, supplies, land or facilities, for private gain or political or personal purposes. (Ord. #1746, §2; Ord. #1622, §1)
2-1.8 Lynwood City Municipal Election:
Commencing with the statewide election to be held in November 2018, the city hereby consolidates the election date for all elected officials of the city with the statewide election date for the California general election in November in even-numbered years (Elections Code Section 1001), pursuant to Elections Code Section 1301. The date of the local 2017 election shall take place in November 2018 and each subsequent city election shall be held four (4) years thereafter in November in even-numbered years. The date of the local 2019 election shall take place in November 2020 and each subsequent city election shall be held four (4) years thereafter in November in even-numbered years. (Ord. #1693, §2; Ord. #1694, §2)
2-1.9 Campaign Contribution Limitation:
No candidate for elective office and no controlled committee of that candidate may solicit or accept any campaign contribution that will cause the total amount contributed by any one person to the candidate in support of or opposition to campaign, measure or other expenditure related to a political, legislative or governmental activity to exceed three thousand dollars ($3,000.00) per calendar year. For purposes of this chapter, contributions from husband and wife are considered separate and distinct contributions and may not exceed three thousand dollars ($3,000.00) each. However, contributions purported to be from minor children under eighteen (18) years of age shall be considered one in the same as those made by their respective parents(s) and/or guardian(s). (Ord. #1745, §2)
See Government Code §54950 et seq.
Gov. C. §1090 et seq.