Chapter 2.04
COUNCIL1

Sections:

2.04.010    Rules of order.

2.04.020    Meetings of the council.

2.04.040    Reading of resolutions and ordinances.

2.04.050    Agenda and consideration of unlisted matters.

2.04.060    Use of tape recordings of city proceedings.

2.04.070    Procedures and penalties for councilmember disclosing closed session matters.

2.04.080    Disclosure of confidential communication prohibited.

2.04.010 Rules of order.

Robert’s Rules of Order shall be the authority governing the council on all controversial points not especially provided for by law, or by this code. [Ord. 210 N.S. § 1-701, 1952].

2.04.020 Meetings of the council.

Regular meetings of the council shall be held on the first and third Wednesdays of every month at the hour of 6:00 p.m., in the council chambers, City Hall, or at such other location within the city as designated by the council.

A special meeting may be called at any time by the mayor or by a majority of the councilmembers, by delivering personally or by mail written notice to each councilmember and to each local newspaper, radio or television station requesting notice in writing. Such notice shall be received at least 24 hours before the time of such meeting. The call and notice shall specify the time and place of the meeting and the business to be transacted. No other business shall be considered at such meeting. Such written notice may be dispensed with as to any councilmember who at or before the meeting files with the city clerk a written waiver of notice. Said waiver may be given by telegram or by facsimile transmission. Such notice may also be dispensed with as to any member who is present at the meeting at the time it convenes. Notice required hereunder is required regardless of whether any action is taken at the special meeting. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. [Ord. 1953 N.S. § 1, 1994; Ord. 1832 N.S. § 1, 1992; Ord. 1812 N.S. § 1, 1991; Ord. 1806 N.S. § 1, 1991; Ord. 1774 N.S. § 1, 1991; Ord. 1491 N.S., 1985; Ord. 832 N.S., 1975; Ord. 210 N.S. § 1-702, 1952].

2.04.040 Reading of resolutions and ordinances.

The verbatim reading of a resolution or ordinance, either at its introduction or after its publication, shall be presumed to have been waived by the unanimous vote of all councilmembers entitled to vote thereon, in all cases in which the complete text of the resolution or ordinance has been supplied to each such councilmember in advance of its introduction. Otherwise, and upon request of any councilmember entitled to vote thereon, the resolution or ordinance shall be read. Where the text has been supplied in advance, and reading has been requested by a councilmember, such may be accomplished by a reading of the main features and a summarization of the details, unless such councilmember making the request requires a verbatim reading. The city clerk shall, by date and signature, authenticate and identify a true counterpart of the resolution or ordinance on which the verbatim reading has been waived. [Ord. 846 N.S. § 1, 1975; Ord. 483 N.S., 1964].

2.04.050 Agenda and consideration of unlisted matters.

(a) Order of Agenda. The city manager shall prepare, circulate and post in conformity with the provisions of the Ralph M. Brown Act and council policy, not less than 72 hours before any regular council meeting, an agenda, which shall list and describe the items to be considered at the meeting.

(b) Emergency Matters. Items not listed on the agenda, but determined by a majority of the council to be necessary as a result of an emergency situation as defined at Section 54956.5 of the California Government Code, may be handled as regular agenda items.

(c) Request. Any councilmember may place items on the agenda by requesting the city manager to do so by 12:00 noon on Wednesday of the week preceding a regular council meeting, and three days in advance of any special meeting, except that special meetings called during any meeting of the council shall have those items on the agenda for which request has been made in open council meeting without further request. The city manager may also place items on the agenda which he or she deems of interest to the council.

(d) Comments from the Audience. The purpose of the city council agenda item allowing comments from the audience is to provide the public an opportunity to address the council on matters within the subject matter jurisdiction of the city. Comments will be received on items either on or not on the agenda. (Comments on nonconsent agenda items will be heard when the matter is addressed by council.) Whenever possible, letters should be submitted to the council in advance of the meeting. The following rules and regulations govern the comments from the audience item on the agenda:

(1) The subject matter must be a matter of concern or interest to the city and/or within the purview of the council’s authority to determine policy. It shall be the responsibility of the chair to stop the speaker if there is a deviation from such subject matter.

(2) Persons wishing to address the council must come to the podium and will be asked to state their name, address and subject matter of their communication. (Refusal to provide any or all of this information is not grounds to deny speakers’ privileges.)

(3) Comments to the council under this section shall be limited to three minutes.

(4) Council or staff may briefly respond (but shall not engage in discussion or dialogue) to statements or questions, may ask questions for clarification, and may refer matters raised by statements for further consideration at a later date.

(5) These rules regarding comments from the audience may be suspended at any time by an affirmative vote of no fewer than four councilmembers. [Ord. 01-08 § 1, 2001; Ord. 1953 N.S. § 2, 1994; Ord. 1832 N.S. § 2, 1992; Ord. 1812 N.S. § 2, 1991; Ord. 1806 N.S. § 2, 1991; Ord. 1774 N.S. § 2, 1991; Ord. 1556 N.S. § 1, 1986; Ord. 1493 N.S., 1985; Ord. 1338 N.S. § 1, 1983; Ord. 1101 N.S. § 1, 1979; Ord. 1047 N.S. § 1, 1978; Ord. 920 N.S. § 1, 1977; Ord. 847 N.S. § 1, 1975; Ord. 541 N.S., 1966].

2.04.060 Use of tape recordings of city proceedings.

Any person who desires to audit or copy a tape recording of city proceedings shall comply with the following regulations and pay in advance the following fees:

(a) Such person shall arrange in advance with the director of administrative services, or authorized deputy, the time, manner and city employee who shall supervise the auditing or copying. In order to safeguard the integrity of the tape and city equipment, a city employee shall supervise such process. The city shall accommodate such process to the fullest extent it is able, consistent with the general demands otherwise on city services and personnel.

(b) Any copying, retaping, or duplicating shall be allowed only if proper equipment by qualified persons, in the judgment of the city’s employee, is used. If city materials are to be employed, the actual cost thereof, as established by the city, shall also be paid to the city in advance.

(c) Where a transcription of all or a portion of any proceeding is required, the city’s determination of the cost of transcription shall be paid in advance, unless the person requiring the record provides, with city approval, the person who shall do the transcribing, unless otherwise ordered by a court. The city shall charge the actual cost of making any transcription.

(d) The director of administrative services, or authorized deputy, shall compute in advance, in addition to the above charges, the estimated personnel cost to the city of supervisory personnel and shall collect the same in advance. When the actual supervisory service reaches the estimated time, and further service is required, additional estimated payment or payments shall be paid in advance.

(e) Nothing contained in this section shall require payment on account of audits or transcripts requested by city officers or employees or for the city’s benefit. [Ord. 1300 N.S. § 1, 1982].

2.04.070 Procedures and penalties for councilmember disclosing closed session matters.

In the event an allegation is made that a councilmember has disclosed or revealed a confidential communication or information discussed during a duly held closed session of the council, the procedure for dealing with such allegation, and penalties which may be imposed if such allegation is found to be true, are as follows:

(a) The allegation shall be brought before the council by a councilmember as a discussion item on a regular agenda.

(b) If, after presentation and discussion of the item, the council determines by a vote of at least four of its members that there is reasonable cause to believe the allegation to be true, the council shall direct delivery to the alleged offending councilmember, by personal service, of the allegation in sufficient written detail to fairly apprise him/her of the allegation. Such written notice shall include notification of time and place of a council hearing on the allegation, in no event sooner than 20 days following delivery of the notice.

(c) The council hearing shall proceed in the following manner:

(1) The council shall present oral and/or documentary evidence in support of the allegation; the alleged offending councilmember may cross-examine any witness presented by the council.

(2) The alleged offending councilmember may present oral evidence, documentary evidence, and/or argument on his/her behalf. The council may cross-examine any witness presented by the alleged offending councilmember.

(3) The council and the alleged offending councilmember may be represented at the hearing by an attorney or other chosen representative; provided, that at least four members of the council, not including the alleged offending councilmember, shall be present at all times during the hearing.

(4) Formal rules of evidence shall not apply. Any evidence reasonably offered to prove or disprove the allegation or offered in mitigation of or explanation of the alleged acts shall be heard and considered.

(5) At the conclusion of the hearing, the council shall discuss the matter and make its decision. The alleged offending councilmember may not participate in either such discussion or decision. A decision shall be by vote of at least four of its members. The decision shall include a brief statement of proceedings had, findings of fact, conclusion reached on the truth or falsity of the allegations, and action, if any, to be taken.

(d) If the council concludes that the allegation is false, it shall take no further action. If the council concludes that the allegation is true, the council may:

(1) Publicly admonish the offending councilmember; or

(2) Direct prosecution under PGMC 2.04.080; or

(3) Take no action.

(e) Nothing herein shall be construed to prevent the council from directing prosecution under PGMC 2.04.080 without first following the procedures herein set out. [Ord. 1369 N.S. § 1, 1983].

2.04.080 Disclosure of confidential communication prohibited.

(a) It is unlawful for any person who is present at a duly held closed session of the city council to reveal or disclose any confidential communication or information discussed during such closed session; provided, however, that disclosure made with authorization of the city council and to further the interests of the city council relative to matters which were subject of a closed session, shall be proper and lawful.

(b) Violation of this section is an infraction, and may be enforced pursuant to Chapter 1.16 PGMC. [Ord. 08-006 § 8, 2008; Ord. 1369 N.S. § 2, 1983].


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    Elections – See Article 8 of the charter. Meetings – See California Government Code § 54950 et seq.